A New Interview Approach Develops Under Taiwan’s Patent System
In Taiwan’s current patent process, personal interviews with examiners are regularly conducted at the request of applicants or patent attorneys. In general, a candidate’s desire for an interview must be expressed explicitly in a response when one is intended.
However, in order to keep up with the rapid evolution of technology, the IP office is planning to incorporate a new interview technique known as the “IP Office-industry collaboration interview” into the current patent system, in which the examiner can start an interview ex officio.
The need for examiners to explore and study cutting-edge technologies such as stem cell regenerative medicine, quantum dot solar cells, artificial intelligence, big data, and 5G more quickly and correctly with the help of the applicant; and for patent applicants to get patents for novel technology as quickly as possible.
The approach is significant and helpful to applicants filing applications for edge-cutting technologies, according to Fiona C.C. Yin, head of patent division and senior patent attorney and partner at Saint Island International Patent and Law Offices in Taiwan, especially considering that new technology is developed at a faster pace than ever before.
“As a result, an Examiner assigned to study an edge-cutting technology may not be very familiar with the new technology,” she explains. “As a result, the matter may drag on with back-and-forth official letters and responses; and a patent may be secured with a greater scope and, in the long run, may be obtained to invalidation lawsuits filed by others.”
On the other hand, she adds, with the help of the applicant making a full explanation and discussion of the relevant techniques vis-à-vis the Examiner, the application may be searched and examined more rapidly and accurately as well, and the patent right thus obtained may be more stable.
“In general, the examination results are available within six months from the date of interview,” she says.
Overview of Taiwan Patents
A Taiwan patent is a legal right granted by the Taiwan Intellectual Property Office on an application which the IP Office has examined and decided the application meets all the patentability requirements. In order to obtain a Taiwan patent, an application has to be filed with the Taiwan Intellectual Property Office.
Types of patents in Taiwan
- Invention patent: Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problems and achieve the expected purposes. The invention must have a “technical character” so that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations cannot be patented.
- Utility model patent: A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Non-physical substances such as manufacturing method, processing method, chemical substance without concrete shape cannot be patented. Utility model patent is comparatively cheaper to obtain and the requirements for registration is less strict than patents.
- Design patent: A design is the creation made in respect of the shape, pattern, colour, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article.
How long does it take to get a patent?
If the patent is patentable after examinations, the average time it takes to obtain a patent from the Taiwan IP Office is usually about 18 – 24 months for an invention patent after filing, 4 – 6 months for a utility model patent, and 12 – 18 months for a design patent.
How to apply for a patent?
Applicants from overseas countries must appoint a qualified patent attorney to act on your behalf when applying for a patent in Taiwan. A professional patent attorney should have passed the Taiwan Patent Bar Examination and is experienced in handling patent prosecution and relevant patent matters.
– You could visit here to see Procedure of Taiwan Trademark Registration.
– You could visit here to check the required documents for filing trademark in Taiwan
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