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- BOTSWANA – ARIPO
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- LESOTHO – ARIPO
- MOZAMBIQUE – ARIPO
- MALAWI – ARIPO
- NAMIBIA – ARIPO
- RWANDA – ARIPO
- SIERRA LEONE -ARIPO
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- SOUTH AFRICA
COUNTRY : REPUBLIC OF CHINA
CAPITAL : TAIPEI CITY
LANGUAGE : MANDARIN
Taiwan Patents and Trademarks office is administered by Ministry of Economic Affairs R.O.C. known as Taiwan Intellectual Property Office is known as the TIPO
BASICS REGARDING PATENTABILITY OF INVENTIONS IN TAIWAN:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for a man skilled in the art it does not yield results in an obvious way from the state of the art
(iii). Industrial Application: of the invention would be when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
INVENTIONS NOT PATENTABLE IN TAIWAN:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations. • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment, diagnostic therapeutic, surgical methods for the treatment of humans and animals.
- Plant or Animal varieties or Bio processes for the production of plants or animals.
PartityPatents through it’s associate Law Firms in Taiwan, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN TAIWAN:
(i). The date, month and year of the application.
(ii). Clear& full address of the applicant.
(iii). Full name & nationality of the applicant.
(iv). Full name & address of the proxy if relevant.
(v). A special power of attorney along with application by a proxy.
(vi). A request that a patent may be granted.
(vii). Title of the invention. (viii). Description of the invention.
(xii). Priority data if any
EXAMINATION OF THE PATENT APPLICATION IN TAIWAN:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects.
- Upon receipt, the patent application is examined for formality compliances
- Patent application is then laid open / published
- Applicant to specifically request for substantive examination within stipulated period of time
- Applicant may amend, rectify the patent application without changing it’s essence within a stipulated period of time
- Post examination, the patent application meeting all requisites and all compliances being fulfilled, patent is granted to the invention by the authorities.
RIGHTS OF THE PATENTEE IN TAIWAN:
Patents with a term of 20 yrs.
Utility Models with a term of 10 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties.
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, transfer, pledge, licence, sell, import and exploit the patent.
COMPULSORY LICENCES OF PATENTS IN TAIWAN:
Compulsory Licenses are granted under the following circumstances:
- In order to cope with the national emergencies, or to make non-profit-seeking use of a patent for enhancement of public welfare
- In the case of an applicant’s failure to reach a licensing agreement with the patentee concerned under reasonable commercial terms and conditions within a considerable period of time, the Patent Authority may, upon an application, grant a right of compulsory licensing to the applicant to work the patent; provided that such use of the patent by way of a compulsory license, shall be restricted mainly to the purpose of satisfying the requirements of the domestic market.
- However, if the application for compulsory licensing of a patent right covers semiconductor technology, such application may be allowed only if the proposed working is purposed for a non-profit-seeking use contemplated to enhance the public welfare.
- In the absence of the conditions set forth above, the Patent Authority still may, upon an application, grant to the applicant a compulsory license to work the patented invention in the event that the patentee has imposed restrictions on competition or has committed unfair competition
- The right of compulsory licensing shall not preclude other persons from obtaining the right to work the same patented invention.
- The grantee of the compulsory license shall pay to the patentee an appropriate compensation. In the case of dispute over the amount of such compensation, the amount shall be decided by the Patent Authority.
- The compulsory license shall be transacted together with the business pertaining to the compulsorily licensing for assignment, trust, inheritance, licensing or pledge creation.
- Patents involving important technical advances of considerable industrial value attained through exploiting another patent, owner of the first patent may be granted compulsory licence to exploit the second patent.
- Second patent owner may in turn / return be granted a compulsory licence to exploit the first patent at reasonable conditions.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Taiwan can comprehensively assist you with Compulsory Licence matters.