Taiwan’s Patent Act’s enforcement rules will be amended
Articles 67 and 80 of the Enforcement Rules of the Patent Act will be amended, according to a recent announcement from the Ministry of Economic Affairs Taiwan Intellectual Property Office.
Streamlined processes for recording pledges
According to the current version of Article 67, a patent certificate must be provided for the annotation to protect the pledgee’s rights when requesting recordation of pledge establishment of patent rights. However, in other nations, it is not necessary to annotate the promise recordation to the certificate. The letter of approval of the promise recordation as well as the pledge recordation downloaded from the Intellectual Property Office website can both be used to verify the pledge recordation. As a result, the amendment will remove the requirement to submit a patent certificate when requesting for the pledge establishment of patent rights to be recorded.
Additionally, in accordance with the present requirements, the patentee or the pledgee shall send a letter to the pledgee consenting to the deletion of the pledge establishment recordation when the deletion of the recordation of the pledge is requested. The requirement will be reduced following the revision. Only a document demonstrating the pledgee’s agreement to have the pledge establishment recordation removed must be submitted by the patentee or pledgee.
Reasons for easing the requirements for submitting a patent certificate renewal or reissuing a patent application
According to the current version of Article 80, the patentee can only request a renewal of the patent certificate if it has been lost, destroyed, or otherwise damaged to the point where it is no longer functional. However, the patentee could also need to submit an application for a renewal of the patent certificate if it becomes outdated or if any of the recordation items of the patent change, such as when the term of the patent is extended. As a result, the amendment will also add a new provision that the patent certificate may be updated when it becomes dated or when the patent’s recordation items are modified.
The amendment will also add a new clause stating that the Intellectual Property Office must nullify the original patent certificate when it is reissued or renewed.
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