【Introduction of the patent law amended in October 29, 2011 (4)】
10. Amending the related regulations of patent term extension of pharmaceutical(s) and agrichemical(s)
The regularity is relaxed about the extension of patent term that applies pharmaceuticals or agricultural pharmaceuticals. The limitation of two-year requirement for applying for extension of patent terms of pharmaceutical and agrichemical related invention patents is deleted. In addition, the patent term could be regarded having been extended if the Patent Authority has not issued a decision before the original patent term expires. And the patent term extension is limited to the scope that the active ingredients and use writing in the government approving document. (Amended Article 53, 54 and 56)
11. Providing and amending the effectiveness that an invention patent rights should not cover
Several matters that is covered by an invention patent rights are regulated, including a matter of a private use for non-commercial purposes, a matter of patent right reissued under Paragraph 2 of Article 70 of this Law before it is published, , a matter of research, testing, and related necessary procedures if the above procedures are implemented for the purpose of implementation in good faith or proper preparation being finished, a matter of domestic drug examination registration approval in in Taiwan being obtained or the foreign drug marketing authorization for the purpose being obtained As exhaustion doctrine belongs legislative policy, and the adoption of amendment is determined to use international exhaustion doctrine. (Amended Article 59 and 60)
12. The regulations related to an exclusive licensing are to be well-
defined
It clearly defines the allowance of exclusive licensing and non-exclusive licensing, the definition of the exclusive licensing and a sub-licensing regulation of the exclusive licensing and the non-exclusive licensing. (Amended Article 62 and 63)
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