On Taiwan Compatriots In Several Provisions Of The Patent Application

Original Language Title: 关于台湾同胞专利申请的若干规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347857.shtml

On Taiwan compatriots in several provisions of the patent application

    (November 15, 2010 the State intellectual property office to 58th, published since November 22, 2010) article for the convenience of Taiwan compatriots to the State intellectual property office patent, these provisions are formulated.

    Second Taiwan applicants (hereinafter the applicant) patent authorities in Taiwan for the first time for invention or utility model patent application within 12 months of the date or proposed designs for the first time within six months from the date of the patent application, and the State intellectual property office patent application on the same subject, you can claim the Taiwan region the priority of the earlier application (hereinafter referred to as priority in Taiwan).

    Applicant priority in Taiwan according to the requirements prescribed in the preceding paragraph, the filing date of the earlier application should be on September 12, 2010 (including date).

    Third in an application, the applicant may claim one or more Taiwan priority demands Taiwan area of priority, the application of the Taiwan region from the earliest filing date of the earlier application the priority period calculated from the.

    Article the applicant claims priority in Taiwan, should be submitted to the State intellectual property office patent declarations in the request at the same time, and submit, within three months from the region of Taiwan patent authorities issue a copy of the earlier application documents; not in the request statement expire or has not submitted copy of the earlier application documents, priority claim shall be deemed not Taiwan.

    Statement called for Taiwan's priority in the request of the applicant, shall clearly state the date of filing and the application number of the earlier application, and specify the original organization as the "Taiwan area".

    V article applicants requirements a items or more items Taiwan area priority and in requests book of statement in the not stated or wrong wrote which a pieces prior application of application day, and application, and original accepted institutions name in the of a items or two items content, but applicants has in provides of term within submitted has prior application file copy of, national intellectual property Council should notification applicants correction; applicants expires not replies or correction Hou still not meet provides of, considered not requirements the items Taiwan area priority.

    Article the applicant claims Taiwan area of priority, all the copies of the earlier application documents shall be furnished. Copy of the earlier application documents shall at least indicate that the original organization, the applicant, filing date, application number.

    Copy of the earlier application documents do not meet requirements, the State intellectual property office shall notify the applicant to supplement; after the expiry of the applicant does not reply or correction is still not in conformity with the provisions, considered as not submitted copy of the earlier application documents.

    The State intellectual property office in accordance with the relevant agreement, through an exchange of electronic access to copies of the earlier application documents, as meets the required copies of the earlier application documents submitted by the applicant.

    The applicant has submitted to the State intellectual property Office had copies of the earlier application documents, need to submit it again, you can only submit the copy of the title, but should indicate where the original copy of the earlier application documents the application file number.

    Article seventh Taiwan priority applicant and recorded copies of the earlier application documents that do not match the applicant shall be submitted to the State intellectual property office patent application submitted within three months from the date of the assignment of the right of Taiwan proved or for instructions; the expiration of uncommitted or documents submitted do not meet the requirements, shall be deemed not to require priority in Taiwan.

    The article after the applicant claims priority in Taiwan may withdraw all or some of its or several Taiwan area priority.

    Withdrawals by the Taiwan area priority claim shall submit the signature or seal of the applicant's withdrawal of the whole Taiwan area declarations; withdrawal of declarations are not in conformity with the provisions of Taiwan, regarded as not to withdraw declarations of Taiwan. Applicants withdrawn its Taiwan area priority requirements led to the application of first Taiwan area priority day change, and since the Taiwan area priority day starting of various term yet expires of, its Taiwan area priority term should since change Hou of first Taiwan area priority day or application day starting; withdrawn Taiwan priority of statement is in change Qian of first Taiwan area priority day up 15 months zhihou arrived national intellectual property Council of,

    In patents applied for before publication of the term according to the earliest of Taiwan area priority date.

    Nineth required priority of Taiwan, shall pay an application fee at the same time, under the provisions of article 93rd of the implementing regulations of the patent law to pay Taiwan area a priority claim; not paid or not paid in full by the expiration and priority claim shall be deemed not Taiwan.

    Tenth priority claim shall be deemed not Taiwan and belong to any of the following circumstances, the applicant may pursuant to article sixth of the implementing regulations of the patent law provisions of request to restore right to request priority in Taiwan:

    (A) due within the specified period for the correction procedures led to priority claim shall be deemed not Taiwan;

    (B) requires at least one item in the Taiwan declarations filled in correctly, but is not submitted within the period specified in the earlier application a copy of the file or documents or instructions for the transfer of the right of priority in Taiwan;

    (C) requires at least one item in the Taiwan declarations filled in correctly, but not within the period specified in the pay or paid Taiwan area a priority claim;

    (D) a divisional application of the original application for the Taiwan area priority.

    In addition to the above cases, other causes are considered required priority of Taiwan shall not be restored. 11th applicant in the patent application documents filed, contain the words contradict the existing laws, rules, regulations, State intellectual property office shall notify the applicant within two months to remove or modify expiration does not reply, the application will be considered withdrawn; still refuses to delete, modify or modifications of the applicant does not meet the requirements, the patent application shall be rejected.

    Obviously no technical content words, State intellectual property office to delete ex officio and notify the applicant applicant does not agree with the delete, the patent application shall be rejected.

    12th requests issued by the State intellectual property office in accordance with the applicant to apply for a copy of the file, should be based on the provisions of article 11th review of application documents term; application documents contained in existing laws, regulations and rules contradict the words of, qualified in first instance shall not handle before.

    13th declined to address of the applicant, in the "applicant's address" in column "China Taiwan". 14th article of the regulations come into force on November 22, 2010. Original patent office promulgated on March 29, 1993, the provisions on the acceptance of Taiwanese patent applications (Chinese law [1993], 63rd) and promulgated on April 23, 1993, the MTP approach on several issues in patent procedures (Chinese word [1993], 69th) repealed simultaneously.