萬國法律事務所

Amendments have been proposed for Taiwan’s Patent Act. The most important revision under the proposed amendment is that the right granted under a utility model (UM) patent can be succeeded by and transferred to an invention patent where the Applicant has concurrently filed for an invention patent and a UM patent.

According to current Patent Act, where an Applicant concurrently files for an invention patent and a UM patent, and the Applicant first obtains the UM patent and subsequently the invention patent is granted, the UM patent will be extinguished. However, as Taiwanese enterprises typically apply for an invention patent and UM patent concurrently, and in order to protect Taiwanese enterprises, an amendment of the Patent Act has been proposed.

As the examination process for an invention patent will be published in the 18th month after Taiwan’s Intellectual Property Office accepts the application for invention patent, invention patents are protected from the 18th month. UM patents are usually approved at 4 months after the UM application is filed.

After the Patent Act is amended, where an Applicant concurrently files for an invention patent and a UM patent, as the right granted under the UM patent can be succeeded by and transferred to the invention patent, the right protection for the invention patent will be obtained from the 4th month, which is 14 months earlier than presently obtained under the current Patent Act.