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Executive Yuan Has Passed Draft Amendments of the Patent Act
Executive Yuan Has Passed Draft Amendments of the Patent Act
On 22 October 2026, the Executive Yuan passed a draft amendment to certain provisions of the Patent Act, focusing on design patent regulations and also addressing disputes over ownership of rights and invalidation actions. This article focuses on five key amendments and compares them with the current provisions.
(1) Computer-generated Icons and Graphical User Interfaces as Subject Matter for Design Patent
Under the current Patent Act, computer-generated icons and graphical user interfaces (GUIs) must be applied to a physical article to meet the definition of a design. However, with the development of projection technologies such as augmented reality (AR) and virtual reality (VR), computer-generated icons and GUIs are no longer limited to being displayed on physical screens. In light of these technological developments, Article 121 of the Patent Act is proposed to be amended to treat computer-generated icons and GUIs as articles and allow them to exist independently of physical articles.
(2) Introducing Multiple-similar-design Application
Under Article 129 of the current Patent Act, a design application may cover only one design. In order to provide applicants with greater flexibility, Article 129 is proposed to be amended with reference to the Riyadh Design Law Treaty, the Hague Agreement, and patent regulations of Europe and the United States, which explicitly permit an applicant to file a single design patent application covering a basic design together with other designs similar to it. Nevertheless, once the application covering multiple similar designs is allowed, only one design patent right will be granted. In addition, each additional design in the application must be similar to the basic design. A design that is similar only to another additional design, but not to the basic design, may not be included in the same application.
(3) Extending the Grace Period to Twelve Months for Designs
With reference to the Riyadh Design Law Treaty and design patent practices in the United States, Japan, South Korea, and the European Union, Article 122 of the Patent Act is proposed to be amended to extend the grace period for design patents from six months to twelve months. In addition, under the transitional provisions, the extended grace period would apply only to design patent applications filed after the amendments take effect.
(4) Allowing Post-grant Divisional Applications for Designs
Under current patent practice, an applicant may file a divisional application for a design patent application only before a decision is issued at the reexamination stage. To give applicants an opportunity to file a divisional application after the design application has been allowed, Article 130 of the Patent Act is proposed to be amended to allow an applicant to file a divisional application within three months of receiving a notice of allowance at either the first examination stage or the reexamination stage.
(5) Lifting Restrictions on Changing the Name of the Rights Holder in Ownership Disputes
Article 10 of the current Patent Act provides that, where an employer or an employee reach an agreement on a dispute over ownership of the right to apply for a patent or ownership of a patent right, they may submit supporting documents and apply to the patent authority to change the name of the rights holder. In practice, however, such disputes also commonly arise outside the context of an employment relationship. The draft amendment therefore removes the limitation to employment relationships and explicitly stipulates that a change to the name of the rights holder may be requested based on an ownership dispute resolved through mediation, arbitration, a settlement reached in court, or a final court judgment in accordance with the law.
The above draft amendments must still pass the third reading in the Legislative Yuan and be promulgated by the President. The effective date will be determined in accordance with the relevant laws. The final enacted text, transitional provisions, and effective date will govern the actual content of the amendments and their application to pending and future cases.