10.21.2019
Whether the sequence listing electronic file is included in the calculation of excess page fee
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Article 17, Paragraph 6 of the Enforcement Rules of the Patent Act recites “Where a patent application for invention contains disclosure of one or more nucleotides and/or amino acids sequence, a sequence listing complying with the standard provided by the Specific Patent Agency shall be submitted as a separate part of the description, in addition thereto, a copy of the said sequence listing in computer-readable form may be submitted.”
The Taiwan IPO clarified on October 7, 2019 that the copy of the said sequence listing in computer-readable form must be searchable like TXT or copyable PDF files, such that the sequence listing electronic file can be excluded from the calculation of excess page fee.
The substantial examination fee for an invention patent is calculated when the applicant requests a substantial examination, but the application documents are already available when the filing date is confirmed at the beginning phase of the application process. It is further clarified as follows to balance between the demand of examination practices and the dependability of the measures of the Taiwan IPO.
1. If the patent application documents were complete before October 7, 2019, and request a substantial examination is made after October 7, 2019, the Taiwan IPO will propagate the applicant to provide a compliant sequence listing (either in Chinese or a foreign language) to facilitate the process of examination and search. Even if the applicant cannot provide such a listing, there is no need to pay the excess page fee.
2. After October 7, 2019: If the patent application documents are incomplete but a substantial examination is requested, the Taiwan IPO will notify the applicant either to submit a file of electronic data in accordance with the format or to pay the excess page fee. If the patent application documents are incomplete and a substantial examination is not requested, the Taiwan IPO will inform the applicant the relevant regulations and let the applicant determine whether to supplement the listing immediately or upon requesting a substantial examination.
(Abstracted from the Bulletin Board of TIPO)
The Taiwan IPO clarified on October 7, 2019 that the copy of the said sequence listing in computer-readable form must be searchable like TXT or copyable PDF files, such that the sequence listing electronic file can be excluded from the calculation of excess page fee.
The substantial examination fee for an invention patent is calculated when the applicant requests a substantial examination, but the application documents are already available when the filing date is confirmed at the beginning phase of the application process. It is further clarified as follows to balance between the demand of examination practices and the dependability of the measures of the Taiwan IPO.
1. If the patent application documents were complete before October 7, 2019, and request a substantial examination is made after October 7, 2019, the Taiwan IPO will propagate the applicant to provide a compliant sequence listing (either in Chinese or a foreign language) to facilitate the process of examination and search. Even if the applicant cannot provide such a listing, there is no need to pay the excess page fee.
2. After October 7, 2019: If the patent application documents are incomplete but a substantial examination is requested, the Taiwan IPO will notify the applicant either to submit a file of electronic data in accordance with the format or to pay the excess page fee. If the patent application documents are incomplete and a substantial examination is not requested, the Taiwan IPO will inform the applicant the relevant regulations and let the applicant determine whether to supplement the listing immediately or upon requesting a substantial examination.
(Abstracted from the Bulletin Board of TIPO)
