【Introduction of the patent law amended in October 29, 2011 (3)】
7.Introducing the “Reinstatement of Rights”
For encouraging innovation and protecting research development, the “reinstatement of rights” mechanism have been introduced, where it applies for reinstatement of rights if applicants or patent owners who loses their patent rights because unintentionally fail to claim priority rights at the time of application or fail to pay patent annuities on time. However, for the perior from an invention patent is ceased and before it is reinstated and published, the effect of“reinstatement of rights” shall not extend to a person who has been exploiting the invention in good faith and shall not extend to a situation where all necessary preparations is done .(Amended Article 29, 52, 59 and 70)
8.Broadening the time limitation of divisional applications
The amendment allows the filing of divisional application if it is filed within 30 days from the date on which an approval decision of the original patent application has been served.
(Amended Article 34)
9.Completing the amendment system of examining process
It is noted that the terms of “supplement” and “amend”are both changed as “amend”. The time limit for applicants to apply for active ammendment is deleted. Furthermore, to avoid delay of prosecution, the “final notify system” has been introduced which limits the scope of claims that applicants are allowed to amend after TIPO has issued a final notice.
(Amended Article 43)
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