Several Provisions on Patent Applications by Taiwan Compatriots
Several Provisions on Patent Applications by Taiwan Compatriots
Several Provisions on Patent Applications by Taiwan Compatriots
Order of the State Intellectual Property Office No. 58
November 15, 2010
The Several Provisions on Patent Applications by Taiwan Compatriots, which were adopted at the executive meeting of the State Intellectual Property Office, are hereby promulgated and shall come into effect as of November 22, 2010.
Director of the State Intellectual Property Office: Tian Lipu
Several Provisions on Patent Applications by Taiwan Compatriots
Article 1 These Provisions are formulated for the purpose of facilitating Taiwan compatriots to file patent applications with the State Intellectual Property Office.
Article 2 Where, within twelve months from the date on which an applicant from Taiwan region (hereinafter referred to as the Applicant) first files with a competent patent department in Taiwan an application for a patent for invention or utility model, or within six months from the date on which an applicant first files with a competent patent department in Taiwan an application for a patent for design, it files with the State Intellectual Property Office an application for a patent for the same subject matter, it may claim the priority right for an earlier application it have filed in Taiwan (herein after referred to as the priority right in Taiwan ).
Where the applicant claims the priority right in Taiwan in accordance with the preceding paragraph, the date of the earlier application shall be after September 12, 2010 (inclusive).
Article 3 Applicants may claim one priority right in Taiwan or several priority rights in Taiwan for an application for patent; where several priority rights in Taiwan are claimed, the priority period for the application shall be calculated from the date when the earliest application was made.
Article 4 Where an applicant claims a priority right in Taiwan, it shall make a declaration in the application document while file an application to the State Intellectual Property Office, and shall, within 3 months, submit a counterpart of the earlier application document issued by a competent patent department in Taiwan; where the applicant fails to make a declaration in the application document or failed to submit the counterpart of the earlier application document, the claim to the priority right in Taiwan shall be deemed not to have been made.
Where the applicant claims a priority right in Taiwan in the application document, it shall give the date and application number of the earlier application, and point out that the institution which has accepted the earlier application is located in Taiwan.
Article 5 Where the applicant claims one priority right in Taiwan or several priority rights in Taiwan and, in the application document, fails to give, or gives false information about the application date or application number of a certain earlier application, and about one or two contact particulars of the institutions which accepted the earlier application, but, the applicant has now submitted counterparts of the earlier application documents within specified time limit, the State Intellectual Property Office shall notify the applicant to take remedial action; where the applicant fails to reply within the time limit, or relevant documents still fail to meet relevant requirements after the applicant has taken remedial action, the applicant shall be deemed not to have claimed the priority right in Taiwan.
Article 6 Where an applicant claims several priority rights in Taiwan, it shall submit counterparts of all the earlier application documents.
The counterparts of the earlier application documents shall at least indicate the institution which accepted the earlier application, the applicant, the application date and the application number.
......