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10

APR

2020

TIPO’s announcementPatent and trademark applicants may ask for reinstatement if failing to comply within a statutory time period due to a widespread ongoing outbreak of COVID-19

According to Article 17 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act, or Article 8 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act, TIPO reminds that the applicant may file a written request stating the cause(s) for delay and requesting for reinstatement with Taiwan Intellectual Property (TIPO) if the delay of a statutory time period is caused by natural calamity or other causes not attributable to the applicant.

Therefore, if a patent or trademark applicant who fails to comply within a statutory time period due to the severe infectious pneumonia COVID-19, he/she may file a request for reinstatement with relevant proof documents. TIPO will in principle determine such cases more leniently on a case-by-case basis.

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