According to a statement made on May 2, 2023, by the Taiwan Intellectual Property Office (“TIPO”), the patterns of trademark use have changed as a result of new business models like online marketing, making it challenging to predict in practice whether a trademark will cast doubt on the extent of the trademark’s rights. TIPO has proposed a change to the Examination Guidelines on Disclaimers, including the following essential aspects, to coincide with the amendment to the Examination Guidelines on [...]
On January 12, 2023, the Legislative Yuan approved a measure modifying the Intellectual Property Case Adjudication Act in order to harmonize Taiwan’s intellectual property litigation with worldwide practice and protect Taiwan’s economic competitiveness. Since its enactment in 2007, the Intellectual Property Case Adjudication Act has undergone only minor revisions. It will significantly affect Taiwan’s next system of intellectual property litigation. These are the significant adjustments.
Procedures for adjudication with technology
The use of technology in litigation proceedings has been expanded by [...]
Increases in patent fees have been suggested, according to the US Patent & Trademark Office (PTO). Inflation would result in a general 5% rise in patent fees.
In order to lessen the amount that other charge sources subsidize certain fees, some rates would be raised by a significant amount more than the 5% inflationary rise. For instance, a 27% rise in filing, search, and examination costs plus a 76% increase in the issue fee would result in a 48% total [...]
The PPH Pilot Program between the United States Patent and Trademark Office (“USPTO”) and the Intellectual Property Corporation of Malaysia (“MyIPO”) began on March 2, 2023. The three-year trial term for this Pilot Program will end on March 1, 2026. If both patent offices agree, the program may be extended beyond the first three years or terminated earlier than the initial three years.
The main objective of the PPH Program, a cooperative agreement between national patent offices, is to speed [...]
If the applicant is using or plans to use the trademark for use with such products or services in Canada and is authorized to do so, they can file an application for its registration.
There is nothing that prevents a trademark from being registered (assuming the trademark is otherwise registrable) absent an opposition if the applicant intends to register it without intending to use it in connection with the specified products and services. While opposing an application on the grounds [...]
A Patent Prosecution Highway (PPH) agreement was signed by the Chinese (CNIPA) and French (INPI) Intellectual Property Offices on April 6, 2023.
Following a recent amendment to French patent law, an inventive step is now considered when evaluating French patent applications. As a result, in order to speed up search and examination, both the Chinese and French patent offices now perform an examination with comparable patentability specifications and such work product may be shared across the patent offices.
This agreement represents a significant shift [...]
In the Chinese patent system, an approach known as “both-filing,” or “dual filing,” enables an applicant to seek patent protection for their technical product-related systems through two different forms of applications, namely invention and utility model patent applications. When you have a valuable product and want to secure immediate and long-term protection, this filing method, which differs significantly from standard filing practice, may benefit you.
If an applicant files only one type of application at the new filing—an invention or [...]
After holding a number of events and seminars for trademark agents about the new Trademark Law, the Myanmar Intellectual Property Department (IPD) has officially started the much-anticipated new trademark law in Myanmar, which will take effect on April 1st, 2023.
As of April 1, 2023, the second part of the soft opening period under the new trademark legislation officially began. Additionally, the TM-2 form, commonly known as the POA, and the official fees were also finally made public.
The formal filing [...]
The Japanese Patent Office (JPO) will begin a new examination procedure for a divisional application filed concurrently with an appeal of a Decision of Rejection for a parent patent application.
During an appeal, the applicant usually desires to file an entirely new set of claims in a divisional application with broader or different claim scope than the parent application’s claims. The JPO is now conducting the appeal examination of the parent case and the divisional application concurrently. Under the existing [...]
According to the Intellectual Property Office of the Philippines (IPOPHL), intellectual property (IP) registrations increased by 3.7 percent in 2022 to 48,259 filings, up from 46,558 applications in 2021.
According to IPOPHL, the IP submissions last year were a record high for the agency, given that the economy is still recovering from the pandemic.
IP registration in 2022 is also up by 2% over pre-pandemic levels, with 47,328 submissions in 2019. Patents, trademarks, utility models, and industrial designs can all be [...]
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