2013-02-01【Taiwan Patent Law】Amended patent law of Taiwan enforcing in October 29, 2011 for patent filing(5)

【Introduction of the patent law amended in October 29, 2011 (5)】

13. (Amending the related regulations of the invalidation action)

The regulation of examination upon ex officio is eliminated. It clearly regulates the matters that are allowable for filing an invalidation, in which the matter should accord to the regulation, that the subject application is granted. However, when the new matter is introduced in the process of divisions, conversions and amendment or the substantial new matter is added in the published application, the invalidation is still allowable in spite that the matters are not clearly defined in the regulation. According to regulations of the procedural (formalized) requirements, it adds the allowance of partial invalidation of claims, the examination of invalidation actions upon ex officio, consolidation of examination and decision concerned, and the withdrawal(s) of invalidation petition before the decision have been provided. The regulations of informing correction upon ex officio having been eliminate.(Amended Article 71, 73, 75 and 78 to 82)

14. (Amending the regulations of the Concession of patent licensing)

The term of 〝Concession of Patent Licensing〞has been replaced by 〝Compulsory Licensing,〞. It is amended the related regulations including reasons and requirements, and the required compensation should be determined upon compulsory licensing decision is made. (Amended Article 87 to 89)

15. (Revise and augment the regulations about the issue of public health)

In order to accord with World Trade Organization (WTO) and to provide assistance to the developing countries and least-developed countries to obtain the required patent pharmaceuticals, it is amended that the compulsory license may be granted to produce required pharmaceutical products to solve its internal public health emergencies, and the above mechanism is expressly stipulated to file the compulsory license in the applicable scope. (Amended Article 90 and 91)

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