May 22, 2023
TIPO Issues Draft Amendments to Regulations Governing the Determination of Patent Term Extension Draft amendments have been made to Articles 4 and 10 of the Regulations Governing the Determination of Patent Term Extension, the Taiwan Intellectual Property Office (TIPO) announced recently.  Firstly, the amendment to Article 4, Paragraph 2 states that the specific patent agency may rely on documents that indicate the period of domestic and/or foreign clinical trials conducted for obtaining a marketing approval of a drug from the central competent authority in charge of the business as criteria for determining the extension of the patent term.  The Specific Patent Agency does not need to send the documents to the central competent authority for confirmation.  Another part of Article 4 states that during examination for marketing approval, the central competent authority in charge of the business shall confirm documents that indicate the period of domestic and/or foreign clinical trials and a data sheet for data exclusivity and domestic and/or foreign clinical trials submitted by an applicant.  If there is any difference between the results confirmed by the central competent authority and the data sheet submitted by the applicant, the difference shall be corrected on the data sheet and approved by the central competent authority.  Since the central competent authority has confirmed the period of domestic and/or foreign clinical trials conducted for obtaining a marketing approval, the specific patent agency can determine and calculate the period of domestic and/or foreign clinical trials based on the data sheet confirmed by the central competent authority.  Hence the proviso ‘sent by the specific patent agency’ in the current regulation is deleted.  This...
April 26, 2023
TSMC Tops List of Patent Applications in Taiwan For the seventh consecutive year, Taiwan Semiconductor Manufacturing Co. (TSMC), the world’s largest contract chipmaker, took the top spot among patent applicants in Taiwan.  The latest figures just in are for 2022, and TSMC filed a total of 1,534 applications, which was actually a 21% drop from 2021.  All of TSMC’s patent applications were for invention patents.  Last year, the total number of invention patent applications stood at 50,242 cases, which was a 10-year high.  Of the foreign applicants, US-based semiconductor equipment supplier Applied Materials Inc. last year was Taiwan’s largest patent seeker, filing 881 applications comprising 847 invention patents, 2 utility model patents and 32 design patents.  Qualcomm dropped from first to second place with 763 applications, which was 10% lower than 2021.  South Korean conglomerate Samsung Electronics Co. took third place in the foreign applicants’ rankings with 675 applications, an increase of 30%, followed by Japan-based semiconductor supplier Tokyo Electron Ltd. with 487 applications.  Most of the foreign patent applicants were from the semiconductor, information technology and chemical industries.  Categorized by country, Japan held the top spot with 13,128 applications, the US was second with 8,517 and China third with 4,424.  Amongst local applicants, PC brand Acer was second last year with a total of 530 patent applications, which was an increase of 15%.  Third was flat panel maker AUO Corp. with 505, up 7% and ahead of smartphone IC designer MediaTek Inc. with 412 applications in fourth position.  It should be noted that Hon Hai Precision Industry Co. was not in the leading ranks of applicants because a...
March 22, 2023
Tax Cuts No Guarantee for Taiwan to Maintain Taiwan’s Chipmaking Lead Tax cuts passed by the Legislature in January, 2023, are just one step of many that need to be done to prepare Taiwan’s semiconductor manufacturers for future competition with other companies in the chipmaking field. Lawmakers passed amendments to the Statute for Industrial Innovation offering income tax cuts of up to 50% from Jan. 1, 2023 to Dec. 31, 2029 for companies that meet the requirements that are engaged in work that innovates technologies domestically and occupy a critical position in international supply chains. The intention is that semiconductor manufacturers will continue to invest in Taiwan and help cement its standing as the world’s second largest semiconductor supplier. Experts at the Taiwan Institute of Economic Research say that one area to expand on is wafer fabrication. Currently, Taiwan has a relatively low output of materials and equipment for wafer fabrication, which are mostly imported, and if it wants to have more control over supply chains, it must work to address that weakness. Another aspect to global competitiveness is that, as other economies such as South Korea, Japan, Europe and the U.S. pick up the pace to bolster their own positions in their respective semiconductor supply chains, it is highly likely that they will try to poach semiconductor engineers from Taiwan. Offers of competitive salaries, good social welfare terms and green cards could prove enticing for research and development personnel and executives at Taiwanese semiconductor companies. The College of Semiconductor Research sponsored by the public and private sectors is well placed to help Taiwan produce future skilled workers and...
February 27, 2023
Taiwan Makes Revisions to Patent Examination Guidelines The Taiwan Intellectual Property Office made some revisions regarding procedural examination and patent rights management that came into effect in December, 2022.  In Chapter 1 of the guidelines, the use of electronic signatures will be accepted provided both parties can agree to the validity thereof.  The signee only needs to provide a form of signature (whether it be a signature, stamp, or electronic signature) that matches the signature on the application documents.  In Chapter 3 of the guidelines, in accordance with adjustments made to procedural examination, revisions have been made to 3.1 Inventor Change, 4.1 Applicant Name or Title Change, and 4.5 Inventor Name Change.  Case studies have been included to help the public better understand the principles of examination.  The revisions also specify that applicants who are able to rectify inconsistencies on documents submitted with their applications do not fall under this category.  In accordance with a judicial ruling, TIPO also included a case study explanation regarding name changes for different applicants who belong to the same entity.  In Chapter 5 of the guidelines, procedures regarding three relevant scenarios concerning postponing the filing date, namely change in applying entity, addition of listed applicants and decrease in listed applicants have been clarified according to the relevant regulations. Taiwan Releases New Trademark Distinctiveness Examination Guidelines The Taiwan Intellectual Property Office released new examination guidelines for trademarks which came into effect on September 1, 2022.  Here are some of the most notable clauses: Concerning words, when a word or combination of words is using a descriptive style, if it is depicted in a special...
February 7, 2023
Taiwan IP Office Plans to Issue Electronic Certificates From the beginning of 2023, the Taiwan Intellectual Property Office (TIPO) will issue patent and trademark certificates in electronic form.  In order to cut down on paper usage and delivery costs as well as offer the IP right holder convenience in document management, the initiative is part of the overall government plan to modernize office procedures and encourage sustainable practices.  The applicant will have the option to choose either a paper or an electronic certificate upon paying issue fees.  By opting for the electronic format, the applicant may still request a paper copy if later needed (but not vice versa).   The process goes through the following several steps: After receiving a notice of issuance, the applicant is instructed to download the e-certificate within 6 months from a specific webpage or in 5 days via the E-SET platform (an electronic document delivery system). The e-certificate is issued as an encrypted PDF document with security measures, and there will be a code on each e-certificate. By uploading the e-certificate to TIPO or scanning the code, it will be possible to quickly verify the document’s authenticity or even see the latest legal status of the associated patent or trademark right. An e-certificate is also available upon re-issuance, recordation of patent assignment, inheritance, and trust. Taiwan Drafts Bill to Help High-Tech Companies Lawmakers in Taiwan introduced a draft bill to institute a new Article 10-2 of the Statute for Industrial Innovation.  This new law aims to create tax incentives for high-tech companies investing in Taiwan.  High-tech companies making Research and Development contributions to the semiconductor...