Newsletter
Covid-19 Patent-related Measures Announced by the TIPO
After announcing increasing unprecedented local COVID-19 cases, the Central Epidemic Command Center (CECC) of Taiwan recently decided to raise epidemic restrictions in Taiwan to Level 3, under which the government agencies and private firms are still open for operation. If the COVID-19 situation will become more severe, the CECC may decide to further raise epidemic restrictions in Taiwan to Level 4, under which the government agencies and private firms will be all closed.
As to the possible impacts caused to patent-related applications, we would like to explain as follows:
I. TIPO’s Announcement Dated 19 May 2021
The Taiwan Intellectual Property Office (TIPO) and our firm are all located in Taipei City. The TIPO will implement specific measures as to their handling of patent matters if the CECC decides to raise epidemic restrictions in Taipei City to Level 4.
On 19 May 2021, the TIPO announced the following patent-related measures to be taken during the time period when the TIPO is closed due to Level 4 epidemic restrictions in Taipei City:
1. If a patent applicant fails to take action(s) for a patent application before a statutory deadline or a specified deadline falling on the “Office Close Period”, the applicant may, within 30 days from the date on which the TIPO start to be in operation, make up the said action(s), which will be considered as “the applicant files a reinstatement procedure under Article 17 of the Taiwan Patent Act”. The applicant does not need to submit any evidentiary document to support the reinstatement action.
2. At the TIPO’s headquarter office in Taipei, the “on-site receipt of applications and payments” will be closed and the TIPO headquarter office will not issue notifications and decisions for patent cases. Where a local service office of the TIPO is located in another city in which Level 4 epidemic restrictions do not apply, such local service office will be in operation. An applicant may file its patent-related application in paper and the applicant can rely on post office chop or a receipt issued by the local service office to prove the date of filing.
3. The TIPO’s “Patent and Trademark Application Electronic Filing and Electronic Service System” will continue to operate. Any application filed electronically will be considered as having been received by the TIPO. If the said electronic filing system has any operation obstacles, which leads to operation suspension of the said E-filing system, the TIPO will announce such problem in their website.
4. Where a patent applicant or a patent agent resides or is located in a city which is under Level 4 epidemic restrictions (offices are closed for operation), any patent-related application made by the said applicant or through the said patent agent will be subject to the measure mentioned in Item 1 above (reinstatement under Article 17 shall apply).
5. If a city other than Taipei City is ordered by the CECC for Level 4 epidemic restrictions, or if the said city is ordered by the local city government for office close epidemic restrictions, any patent-related application made by the applicant or through a patent agent residing or is located in that city will be subject to the measure mentioned in Item 1 above (reinstatement under Article 17 shall apply).
II. Our Reminders
A. Electronic Filing & Filing in Paper
As to the patent-related applications which are allowed for electronic filing by the TIPO, our firm normally file such applications electronically. However, for certain kinds of applications (such as patent invalidation actions etc.), the TIPO do not accept electronic filing and these applications must be filed in paper. Also, where a Chinese-language patent text is prepared by the patent applicant, if it does not meet the TIPO’s E-filing formality requirements, such Chinese-language patent text must be filed in paper as well (all the Chinese-language patent texts prepared by our firm can be filed electronically). If filing by paper becomes impossible or difficult due to the office close epidemic restrictions, the applicant can rely on the reinstatement procedure as stated in Item I above.
B. Issuance of Priority Documents
As to the issuance of priority documents for Taiwan patent applications, we checked the matter with the TIPO. Below represents the verbal reply provided by the TIPO:
(1) Where a written application, a Chinese-language patent text (specification, claims and drawings) are filed and the government fee is paid for a Taiwan patent application, the TIPO Will, upon request by patent applicant, issue a certified priority document for the said Taiwan patent application regardless whether there is any other filing document or filing information that has not been submitted to the TIPO.
(2) For any request for issuance a priority document filed electronically or filed in paper, the TIPO will handle such request only after the TIPO resume its operation.
As stated above, the TIPO and our firm are currently in normal operation. We reported the measures announced by the TIPO (please refer to Item I above) for our clients’ reference in advance.
Our firm currently have implemented our remote work plan. All our colleagues are doing our best and will continue to be fully devoted in handling our clients’ patent matters in the best way and at the fast speed. If there will be any un-avoided delay in filing applications or taking actions, we will follow the TIPO’s announcement to handle such filings and actions through the reinstatement procedure (as stated in Item I above) to preserve clients’ legitimate rights and interests.
If you have any question or suggestion, please feel free to contact us.