Taiwan Patent Grace Period Extended
Recently, the legislature passed amendments related to grace period in the Patent Act; that are, extending the grace period from six months to twelve months and deleting the obligation to the claim grace period while filing.
Before the amendments, if any invention meets the following criteria for grace period - 1) publicly disclosed as a result of conducting a test, 2) disclosed in printed publications, 3) displayed at an exhibition held or recognized by the Government, or 4) disclosed without the consent of the applicant- the applicant shall file the application within six months after the disclosure, specifically claiming the grace period by stating the fact and the relevant date.
After the amendments, the applicants can nonetheless file their application within twelve months after the disclosure and no longer need to specifically claim the grace period while filing, if their inventions meet the aforementioned criteria.
The amendments not only expand the possibility of patent protection for an applicant disclosing the invention before filing, but also enhances the development of innovation and the exchange of technology. The effective date will be announced soon.
TIPO