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ARTICLE · 18 APRIL 2013

New Taiwan Patent Act Took Effect on 1 January 2013

This article summarizes the new amendments to the Patent Act and the Enforcement Rules of the Patent Act in Taiwan.

TaiwanIntellectual Property
Daisy Wang
Daisy Wang

New Taiwan Patent Act Took Effect on 1 January 2013

The Legislative Yuan of the ROC (Taiwan) completed the amendment to the Patent Act on 29 November 2011 and the amended provisions were promulgated by the President on 21 December 2011 and took effect on 1 January 2013. To cope with the implementation of the amended Patent Act, the Enforcement Rules of the Patent Act ("Enforcement Rules") were amended and the amended Enforcement Rules simultaneously took effect on 1 January 2013. The major amendments are summarized as follows:

  1. Chapter Restructure of the Enforcement Rules
  2. The structure of the Enforcement Rules has been re-arranged to include six chapters: General Provisions, Application for and Review of Invention Patent, Application for and Review of Utility Model Patent, Application for and Review of Design Patent, Patent Right, and Supplementary Provisions. Relevant provisions are provided under these six chapters, respectively. It is stipulated that the

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