Problems with the patent requirement in Taiwan

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Problems with the patent requirement in Taiwan

In Taiwan, the number of rejected patent applications for failing the non-obviousness requirement is skyrocketing in recent months. So, what is the Taiwan IP Office’s approach to the registration of an invention, and is it the main reason why there are so many rejected the patent application in recent times?

As the world is developing rapidly since the beginning of the 21st century, many new inventions made by individuals, and organizations have also been created and publicized to the world.

To protect those inventions and the creator’s rights, the inventors have sought the patent registration process. However, nearly all of the software-related inventions got rejected at the doorstep for failing to comply with the non-obviousness requirement.

So, why does Taiwan Intellectual Property Office keep rejecting these patent applications?

TIPO’s requirement for patent registration

The Taiwan Intellectual Property Office (TIPO) searches for all relevant prior art references when determining whether an invention is non-obvious from the prior art. As the primary reference, one prior art reference is chosen.

Only if it is discovered that the located references can be combined in an obvious manner will the investigation be extended to determine whether a prima facie case of obviousness has been established.

Given that computer software technology is typically applied in a wide range of technical fields, it would be premature to conclude that a person skilled in the art would be motivated to combine the references solely on the basis that the cited references are irrelevant.

Instead, detailed and sound reasons should be provided to measure whether or not such a skilled person in the art would be motivated to do the combination of prior art references concerning a computer software invention.

Furthermore, a computer software-related invention shall be denied non-obviousness if it is merely a minor change to the technical aspects of a reference. These are as follows: 1. an adaptation of prior art into a new form; 2. a systematization of human operation methods; 3. the use of software to achieve a function performed by prior hardware technology; 4. ordinary knowledge at the time of filing of patent applications for the reproduction of the virtual space of the computer; 5. an application or modification of ordinary knowledge at the time of filing; and 6. non-contributory characteristics.

The non-obviousness requirement in the Taiwan patent application

In response to the rejection of a computer-related invention, applicants are advised to strongly reaffirm the advantages of the invention over the relevant prior art as specified in the specification. In addition, the applicant can also clarify that the invention and the cited references differ significantly in technology and that because of this difference, an ordinary person skilled in the art would not invent or devise to modify the references.

Finally, applicants can confirm that the references did not provide any instruction on how to make potential changes to the technology, and thus an ordinary person skilled in the art would have no motivation to make a change.

*** Other Articles***

– 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.

– You could check trademark fee in Taiwan here.

– You could also read 04 Often Questions About Filing Trademark In Taiwan here.

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