09.17.2018
A grace period will be allowed for requesting substantive examination
SHARE
BY TOMMY C. C. TSAI
The Taiwan Intellectual Property Office published the Amendment Draft to the Patent Act on May 17, 2018 and held two public hearings regarding the Amendment Draft on December 21, 2017 and January 15, 2018, respectively. However, the Amendment Draft has not been passed yet. The following will focus on the Amendment Draft to Article 38 of the Patent Act, wherein a provision on the grace period for requesting substantive examination is to be included.
Under the current Patent Act, if a request for substantive examination of an invention patent application is not filed within three years after the filing date of the patent application, the patent application shall be deemed to have been withdrawn.
The Amendment Draft now proposes to include a provision regarding reinstatement of substantive examination for an invention patent application. The newly added provision stipulates that where an applicant unintentionally fails to request for substantive examination of an invention patent application within the time period set forth in Paragraph 1 or Paragraph 2 of the Article 38 of the Patent Act, the applicant may request for substantive examination of the patent application and pay additional application fees (request for reinstatement of substantive examination) within two months after the period has expired, and the patent application shall be deemed not to have been withdrawn.
The Taiwan Intellectual Property Office published the Amendment Draft to the Patent Act on May 17, 2018 and held two public hearings regarding the Amendment Draft on December 21, 2017 and January 15, 2018, respectively. However, the Amendment Draft has not been passed yet. The following will focus on the Amendment Draft to Article 38 of the Patent Act, wherein a provision on the grace period for requesting substantive examination is to be included.
Under the current Patent Act, if a request for substantive examination of an invention patent application is not filed within three years after the filing date of the patent application, the patent application shall be deemed to have been withdrawn.
The Amendment Draft now proposes to include a provision regarding reinstatement of substantive examination for an invention patent application. The newly added provision stipulates that where an applicant unintentionally fails to request for substantive examination of an invention patent application within the time period set forth in Paragraph 1 or Paragraph 2 of the Article 38 of the Patent Act, the applicant may request for substantive examination of the patent application and pay additional application fees (request for reinstatement of substantive examination) within two months after the period has expired, and the patent application shall be deemed not to have been withdrawn.
