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TIPO Makes Exception to Allow a Design Registration Certificate as a Certified Copy of the First Patent Application for Claiming Priority
According to Paragraph 3, Article 142 of the Patent Act, where a design patent application claims priority, the applicant shall submit a certified copy of the first patent application issued by the foreign patent authority of the country or WTO member state in which the first patent application was filed. However, a certified copy of the registration certificate cannot be recognized as the certified copy of the first patent application for claiming priority.
On 27 June 2016, the Taiwanese Intellectual Property Office (TIPO) announced that if the applicant can prove that the associated foreign patent authority only issued a certified copy of the registration certificate without a certified copy of the first patent application, the TIPO will, after verifying this fact, make an exception and accept the design registration certificate as a certified copy of the first patent application for claiming priority.
Up to now, the IPO has verified that the Intellectual Property Office of Singapore only issues a certified copy of the registration certificate without a certified copy of the first design patent application.