A major earthquake hit the northeastern area of Japan on March 11, 2011 and caused huge damage to many coastal cities of Japan. The earthquake was measured as 9.0 magnitude in Richter Scale. Fukushima nuclear power plants were also seriously damaged by the earthquake, resulting in large-scale electrical power shortage around several major areas in Honshu Island of Japan. Many Japanese companies are therefore enforced to pause regular business activities. Daily communications between Taiwan and Japan are also affected.

In view of the disasters caused by 311 Earthquake, the Intellectual Property Office (TIPO) published an announcement on March 14, 2011, declaring that for all trademark and patent applications in Taiwan that have failed to meet the prescribed statutory deadlines due to 311 Earthquake in Japan, the applicants of such applications may apply for reinstatement according to Paragraph 2 of Article 17 of the Patent Act and Article 10 of the Enforcement Rules of the Patent Act or Article 9 of the Trademark Act. TIPO will scrutinize such applications leniently based on the individual situations.

Paragraph 2 of Article 17 of the Patent Act allows an applicant filing a written application with the Patent Authority for reinstating the interrupted case to its original condition by giving the reasons if the delay is caused by natural calamities or other causes not attributable to the applicant. The application for reinstatement must be filed within thirty (30) days after termination of such cause(s), except in the case where one (1) year has elapsed after expiration of the statutory time limit.

Article 10 of the Enforcement Rules of the Patent Act requires that While applying for reinstatement under Paragraph 2 of Article 17 of this Act, the applicant shall submit to the Patent Authority an application stating the reasons for the delay and the reasons for extinguishment along with the date accompanied by documentary evidence.

Besides, Article 9 of the Trademark Act stipulates that an applicant may, in the case where the statutory period has been delayed from natural disasters or causes not attributable to the applicant, submit a written statement clarifying all reasons within thirty (30) days from extinction of such cause to the Registrar Office for restoration to the status quo ante. The aforementioned, however, does not apply to those who have delayed the statutory period for over a year.