07.14.2020
New Regulations about Filing Patent Applications in Electronic Form
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BY ALEX C. H. TSUNG
In recent years, the Taiwan Intellectual Property Office (TIPO) has encouraged applicants to file patent applications in electronic form, and as a result the number of electronically filed patent applications has greatly increased. Before July 2020, the TIPO required that electronic filing be made through the internet. However, transmission of application documents becomes impossible when the information system of the TIPO breaks down. In addition, when large electronic files are submitted to the TIPO, the time for network transmission becomes long and transmission interruption may occur. In view of such problems, the TIPO has published new regulations to establish a better environment for filing patent applications in electronic form.
According to new Articles 14-1 and 14-2 of the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and a notice issued by the TIPO, from July 1, 2020, an applicant may file a patent application in electronic form by alternative means under any of the following circumstances: 1. the size of the electronic files of the application documents exceeds 500 MB, and 2. the information system of the TIPO breaks down and the TIPO makes a notification of the break-down. Based on the TIPO’s notice, the alternative means for electronic transmission is to save the electronic files on a DVD and either mail or personally submit the DVD at the TIPO’s reception desk. In case that the DVD is personally submitted, the time of receipt will be the time when the TIPO receives the DVD. In case that the DVD is mailed, the time of receipt will be the postmark date. If the postmark date appears to be ambiguous, the time of receipt will be the date of receipt by the TIPO, unless otherwise proved by the applicant.
In recent years, the Taiwan Intellectual Property Office (TIPO) has encouraged applicants to file patent applications in electronic form, and as a result the number of electronically filed patent applications has greatly increased. Before July 2020, the TIPO required that electronic filing be made through the internet. However, transmission of application documents becomes impossible when the information system of the TIPO breaks down. In addition, when large electronic files are submitted to the TIPO, the time for network transmission becomes long and transmission interruption may occur. In view of such problems, the TIPO has published new regulations to establish a better environment for filing patent applications in electronic form.
According to new Articles 14-1 and 14-2 of the Regulations Governing the Implementation of Filing Patent Applications and Services by Electronic Means and a notice issued by the TIPO, from July 1, 2020, an applicant may file a patent application in electronic form by alternative means under any of the following circumstances: 1. the size of the electronic files of the application documents exceeds 500 MB, and 2. the information system of the TIPO breaks down and the TIPO makes a notification of the break-down. Based on the TIPO’s notice, the alternative means for electronic transmission is to save the electronic files on a DVD and either mail or personally submit the DVD at the TIPO’s reception desk. In case that the DVD is personally submitted, the time of receipt will be the time when the TIPO receives the DVD. In case that the DVD is mailed, the time of receipt will be the postmark date. If the postmark date appears to be ambiguous, the time of receipt will be the date of receipt by the TIPO, unless otherwise proved by the applicant.
