April 10, 2024
TIPO Announces Updates to the Trademark Classification for Goods and Services The Taiwan Intellectual Property Office has made adjustments to the designated goods and services names in trademark applications in response to the latest (12th) edition of the Nice Classification list.  A total of 422 items have been added and 56 items have been deleted.  An additional 15 modifications have been made to class/subclass names or annotations, as well as 25 corrections.  The aforementioned changes took effect on January 1, 2024.  The list of designated goods/services categories and names will be updated on the online trademark filing system as well.  The official timeline of website updates will be published on the website of the TIPO Information Management Office.   Applicants wishing to use the fast-track mechanism on the online trademark filing system after January 1, 2024, will be able to download the latest updates.  This will ensure consistency between the designated goods/services names stated in the application and the content in the electronic filing system, avoiding discrepancies that could jeopardize eligibility for the fast-track mechanism, as well as associated fee reductions. Taiwan’s TSMC Top Applicant for Patents for Eighth Year Taiwan Semiconductor Manufacturing Co., the world’s largest contract chipmaker, applied for the most patents out of any Taiwanese entity last year for the 8th consecutive year, the Ministry of Economic Affairs announced in February.  TSMC filed 1,956 invention patent applications in 2023, which is the company’s most ever and 28% more than in 2022.  By being the largest patent applicant in Taiwan, it also drives the growth of upstream IC design and also downstream IC packaging and testing services.  The...
February 26, 2024
Taiwan and US Signs MOU on the Secure Exchange of Patent Data On November 22, 2023, Taiwan and the US signed the MOU on the Secure Exchange of Patent Data, streamlining and reducing the cost of patent priority claims for Taiwanese applicants who annually file over 20,000 patent applications in the United States.  The annual number of patent applications filed by Taiwanese has consistently been around 20,000 in recent years, but rose 6% from 2021 to 2022.  The MOU aims to alleviate this burden by facilitating the secure exchange of priority documents between the Taiwan Intellectual Property Office (TIPO) and the United States Patent and Trademark Office (USPTO).  The collaboration between Taiwan and the US on the electronic exchange of priority documents began in 2016 through TIPO and USPTO’s bilateral discussions.  Given the importance of information security, both confirmed details related to information equipment and transmission meticulously.  After continuous efforts from both sides, the MOU was finally signed in November 2023.  This milestone in the deepening of Taiwan’s relations with the US follows the implementation of the Patent Prosecution Highway (PPH) project in 2011, and the signing of the MOU on Intellectual Property Rights Enforcement Cooperation in 2017.  To create an environment conducive to international patent applicants, TIPO has launched the electronic priority document exchange (PDX) program with Japan and South Korea in 2019 and 2021 respectively.  The recent expansion in PDX collaboration with the US shall greatly increase the convenience of Taiwanese applicants filing patent applications in the US, as well as for US applicants filing in Taiwan – a mutually beneficial arrangement.  Following the signing, TIPO and...
January 17, 2024
Taiwan Introduces Chip-driven Industrial Innovation Plan The Executive Yuan has approved a plan to spend NT 300 billion dollars in the next 10 years to fund innovations that would combine the use of generative artificial intelligence (AI) systems and chips.  The plan was briefed to Cabinet members by the National Science and Technology Council and it is expected that the plan will be enabled by cooperation between the Ministry of Economic Affairs, the Ministry of Education, the Ministry of Health and Welfare, the Ministry of Digital Affairs and the National Development Council.  It was noted that with the rise of generative AI systems, chips have driven the development of the global technology industry and have become a motivator for businesses seeking innovation.  The development of chips would be the key technology for the next industrial revolution.  The plan also lays out strategies to meet the rising challenges in developing next-generation chip technology.  The government is to allocate the abovementioned sum of money from 2024 to 2033 to develop chip technology in order to keep Taiwan at the forefront of technological developments by developing the highest level technology to design advanced chips and accelerate heterogeneous integration of chip designs and interfaces.  The funding would be used to speed up the production of non-silicon-based wafers, as well as the development of chips smaller than 1 nanometer, 3D chip stacking technology and heterogeneous integrated packaging.  The funding would also be used to develop energy-saving applications with high computing power.  Of the NT 12 billion budgeted for 2024, about NT 8 billion would be used to train and attract talent, while NT 4...
January 12, 2024
Author: JIANG Fengwen, Zou Yongzhong, Joseph LI Beijing Chancebridge Law Office January 12th, 2024 On December 29, 2023, the latest revision of the Company Law of the People’s Republic of China, which has attracted wide attention, was finally adopted and promulgated by the Seventh Session of the Standing Committee of the National People’s Congress, with the effective date on July 1, 2024 (hereinafter referred to as the new “Company Law”). This is the sixth amendment to the current Company Act since its enactment on December 29, 1993. Previously, the Company Law underwent amendments to partial provisions in 1999 and 2004, a comprehensive revision in 2005, and two important amendments to issues related to the company’s capital system in 2013 and 2018. Usually, a draft law is submitted to the vote after deliberation at three meetings of the Standing Committee of the National People’s Congress, but this time the Standing Committee of the National People’s Congress made an exception to the Company Law, having taken nearly five years and four cumulative reviews and deliberations before being adopted by a vote, from the establishment of a drafting group for the revision of the Company Law by the Legislative Affairs Committee of the National People’s Congress in early 2019. This has demonstrated its extraordinary importance and the fact that certain provisions had been clearly contested during the review process. This Sixth Amendment is the most significant and most comprehensive amendment based on the basic framework and system of the current Company Law. In the most comprehensive and profound revision, 16 sections in the current Company Law were deleted, 228 articles were added...
December 25, 2023
Taiwan Introduces the Accelerated Design Patent Examination Pilot Program The Taiwan Intellectual Property Office (TIPO) has introduced their Accelerated Design Patent Examination Pilot Program to provide a more flexible examination process for design patent applications.  Following are some of the conditions for applicants to be aware of: Applicants shall provide documents to show that a third party has used the design commercially backed up by a timeline and third party details. The applicant should submit evidence such as product catalogs, newspapers or magazines. Applicants who have won known domestic or international design awards shall provide relevant documents including a certificate bearing the applicant’s name and appearance of the subject design. Design awards such as the Golden Pin Design Award (Taiwan), iF Design Award (Germany), Red Dot Design Award (Germany), Good Design Award (Japan), and the International Design Excellence Award (USA) all qualify. Design patent applications from startup companies that are registered and established for less than 8 years can qualify. If the applicant is a non-Taiwanese company, proof of establishment date (and Chinese language translation) shall be required.  Also, a startup company can only apply for Accelerated Design Patent Examination for a maximum of 3 cases in the same year. The program is applicable once the TIPO has notified the applicant that an application is about to enter substantive examination or re-examination. TIPO expects to render examination results within 2 months at the latest after the application form and necessary documents are submitted in full. The trial period of the program runs until December 31, 2024.  The TIPO will determine whether to continue implementation or modify the program after...