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16

FEB

2021

Taiwan IP Updates

TIPO Revises Pharmaceutical-Related Examination Guidelines

Some clarification about what can be patentable or not in the pharmaceutical field has now been determined by TIPO after comparing issues and cases from Japan, the U.K. and Europe. Firstly, an invention cannot be patented when the method directs to a living human or animal system, relates to a disease diagnosis or aims to obtain a diagnosis immediately. However, if a method does not aim at a diagnosis immediately, but is focused on collecting data such as blood pressure measurement, CT imaging and so on, then it is eligible for a patent. Secondly, methods which possess both therapeutic and non-therapeutic effects that are not separable are methods for treatment that are considered non-patentable. If the effects are separable and the patent claim is limited to be non-treatment in nature, then the claimed method is patentable. These new rules mean that cosmetic surgery and beauty treatment inventions might have an easier path to getting a patent, but essential therapeutic inventions will remain non-patentable.

Taiwan Intellectual Property Office Clarifies Disclaimer Issue

If an amendment or post-grant amendment has a disclaimer, it can only be made to exclude a part that overlaps with a single prior art or to exclude a statutory non-patentable subject matter. Some examples of prior art could be a citation that may prove that a claim is not novel, or a citation that may prove that a claim lacks novelty based on legal fiction, or a citation that may prove a claim violates the first-to-file principle. Also, an exclusionary amendment can be made to exclude a part involving humans from an article claim or a step implemented on living humans or animals from a method claim. TIPO believes that this new regulation will help applicants when filing their claims.

TIPO offers free Copyright Holder Search Notice

The Taiwan Intellectual Property Office is now offering a free copyright holder search notice publication service. The initiative is aimed at promoting a more widespread use of copyrighted works whose authors are unknown. All applicants need to do is to email their application form to TIPO and the notice with all the relevant details will be published on TIPO’s website in the Licensing of Orphan Works section. This new service, started in October 2020, will allow applicants to more conveniently and efficiently follow the correct process for the use of works whose authors are unknown.

Taiwan Company Gogoro wins award

Gogoro, a Taiwanese company holding numerous patents, has recently received the Global Company of the Year Award. Frost and Sullivan, the California-based research and consulting firm, chose Gogoro based on the success of its Gogoro Network set up which provides a swappable battery for electric scooters. From 70 Gogoro battery swap stations in 2015 to 2000 this year, Gogoro has shown steady growth in its business model. Gogoro’s leading role in clean energy transportation is such that several large companies making electric scooters, like China Motor Corp, Yamaha, Aeon Motor Corp, PGO and Suzuki Motor Corp have joined its Powered By Gogoro Network. Gogoro has many patents such as apparatus, method and article for security, authentication and control of power storage devices, portable charging devices, connecting devices and vehicle and charger using the same and numerous others. Taiwan’s business and legal environment can take some credit as it provides a challenging and creative field for patent holders to optimize their duly protected inventions.

About the Firm

Deep & Far Attorneys-at-law
Address 13th Fl., 27 Sec. 3, Chung San N. Rd., Taipei 104, Taiwan
Tel 886-2-2585 6688
Fax 886-2-2598 9900
Email email@deepnfar.com.tw
Link www.deepnfar.com.tw

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