Amended chapter on medical-related inventions in the Patent Examination Guidelines came into force on January 1, 2020
Amendments to Chapter 13, Part 2, of the Patent Examination Guidelines (hereinafter referred to as “the Guideline”) on medical-related inventions were published on November 5, 2019 and they came into force on January 1, 2020. The amendments were made to catch up with the fast-changing medical industry and the many types of medical-related inventions filed in Taiwan. Relevant court rulings and examination guidelines in the UK, Europe and Japan were taken into account to make the amendments, and new cases were added as explanatory supplements. On the clarity of claims, in practice, disputes concerning the explanation and applicability of the claims are common. This issue was addressed in the amendments, too. Considering the latest technological developments in the medical industry and the application and examination practices concerning medical inventions in Taiwan, other contents of the Guideline were also reviewed. Finally, TIPO adjusted the frameworks of certain parts of the Guideline, specified relevant rules, and modified a few descriptions as fit, to make the Guideline more complete.
Amendments to Patent Act, the Enforcement Rules of the Patent Act and the Regulations of Patent Fees entered into force on November 1, 2019
TIPO announced the draft amendments to the Trademark Act
To make sure the Trademark Act fits the country’s practice needs, starting from 2018, TIPO has been drafting amendments to the Act. Two consultation meetings, one attended by invited experts and scholars and the other on trademark examination quality, as well as a public hearing on the draft amendments to the Trademark Act, were held. Upon analyzing the suggestions provided by all circles of society on the public hearing on October 15, 2019, TIPO proposed the draft amendments to the Trademark Act (find the general description of the draft and a comparison table for the articles of the act before and after revision as attached.)
The Legislative Yuan Passes the Trade Secrets Act that Introduces a Confidentiality order for Investigation System
On December 31, 2019, Taiwan’s Legislative Yuan passed the partial amendment to the Trade Secrets Act. This amendment introduces a “confidentiality order for investigation”system to strengthen protection of trade secrets during investigation proceedings. A person who violates a confidentiality order shall be liable to imprisonment for a maximum of 3 years. The new law will prevent trade secret leak during investigation, increase corporations’ willingness to file a lawsuit, and enable prosecutors to effectively and quickly conclude their investigations. This amendment also increases protection of foreigners’ trade secrets, so as to attract foreign investment and boost business development. For example, an unrecognized foreign juristic person may file a complaint, initiate a private prosecution, or institute a civil lawsuit.
Amended Patent Act will enter into force on November 1, 2019
The amendments to the Patent Act promulgated on May 1, 2019 will come into force on November 1, 2019. The main points of the amended act include: ......
