2020-03-27 【Taiwan Patent Law】The major amendments of Taiwan Patent Law in 2019 – Part 3(entered into force on November 1, 2019)

Term of design patent is extended from 12 years to 15 years (entered into force on November 1, 2019)

Since the patent term of design patent in the Hague Agreement is 15 years, Taiwanese government decides to extend the patent term of design patent in Taiwan to 15 years from the current 12 years, so as to enhance protection and to help the design industry to grow.

(A) A design patent which expires prior to the implementation of the amendment of the Patent Law:

The design patent will be considered applying to the Patent Law prior to the amendment, the patent term thereof is 12 years.

(B) A design patent which expires after the implementation of the amendment of the Patent Law:

The design patent will be considered applying to the amended Patent Law, the patent term thereof will automatically extend to 15 years from 12 years.

(C) A design patent which neither have paid the patent annuity before the due date nor have repaid within the grace period, but have applied to reinstate under Paragraph 2, Article 17 of the Patent Law:

The design patent will be considered applying to the amended Patent Law, the patent term thereof will automatically extend to 15 years from 12 years.

(D) A design patent right shall extinguish ipso facto in the case of the patentee’s failure of effecting the payment of a patent annuity for the second year or any year thereafter within the grace period.

After the implementation of the new law, the term of the design patent right that meets the requirements will be automatically and uniformly extended by TIPO’s system operation, and the patentee can pay the patent annuity as required.

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