"Several Provisions on Patent Applications of Taiwan Compatriots" (Bureau Order No. 58)

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Release time:2016-07-19

The Several Provisions on Patent Applications by Taiwan Compatriots, which were deliberated and adopted at the executive meeting, are hereby promulgated and shall come into force as of November 22, 2010.

Several Provisions on Patent Applications by Taiwan Compatriots

Article 1 These Provisions are formulated in order to facilitate Taiwan compatriots to apply for patents to the State Intellectual Property Office.

Article 2 An applicant from Taiwan (hereinafter referred to as the applicant) within 12 months from the date when the patent authority in Taiwan first filed an application for a patent for invention or utility model, or within six months from the date when the application for a patent for design was first filed, and filed a patent application for the same subject in the State Intellectual Property Office, may claim the priority of its earlier application in Taiwan (hereinafter referred to as the priority in Taiwan).

If the applicant claims the right of priority in Taiwan according to the provisions of the preceding paragraph, the filing date of the earlier application shall be after September 12, 2010 (inclusive).

Article 3 An applicant may claim one or more priorities in the Taiwan region in one application; where multiple priorities in the Taiwan region are claimed, the priority period in the Taiwan region of the application shall be calculated from the filing date of the earliest prior application.

Article 4 Where an applicant claims priority in Taiwan, it shall declare in the request at the same time of filing a patent application with the State Intellectual Property Office, and submit a copy of the earlier application document issued by the patent authority in Taiwan within three months. If the applicant fails to declare in the request or fails to submit a copy of the earlier application document at the expiration of the time limit, it shall be deemed that the priority in Taiwan has not been claimed.

If the applicant declares in the request for priority in the Taiwan region, it shall state the application date and application number of the earlier application, and state that the original accepting institution is "Taiwan region".

Article 5 If the applicant claims one or more priorities in Taiwan and fails to specify or miswrite one or two items of the application date, application number and name of the original accepting institution of one of the earlier applications in the statement of the request, but the applicant has submitted a copy of the earlier application documents within the prescribed time limit, the State Intellectual Property Office shall notify the applicant to make up and correct. If the applicant fails to reply or fails to comply with the regulations after the correction, it is deemed that the priority in Taiwan is not claimed.

Article 6 Where an applicant claims multiple rights of priority in the Taiwan region, it shall submit copies of all the earlier application documents.

The copy of the prior application document shall at least indicate the original accepting institution, the applicant, the application date and the application number. If the copy of the earlier application document does not meet the requirements, the State Intellectual Property Office shall notify the applicant to make corrections; if the applicant fails to reply or still does not meet the requirements after the expiration of the period, it shall be deemed that the copy of the earlier application document has not been submitted.

Where the State Intellectual Property Office obtains a copy of the earlier application document through electronic exchange in accordance with the relevant agreement, it shall be deemed that the applicant has submitted a copy of the earlier application document that meets the requirements.

If the applicant has submitted a copy of the earlier application document to the State Intellectual Property Office and needs to submit it again, it may only submit the title record of the copy, but the application number of the application file where the original copy of the earlier application document is located shall be indicated.

Article 7 If the applicant claiming priority in Taiwan is inconsistent with the applicant recorded in the copy of the earlier application document, it shall submit the Taiwan priority transfer certificate or relevant explanation within three months from the date of filing the patent application with the State Intellectual Property Office; if the application fails to submit or the submitted documents do not meet the requirements, it shall be deemed that the priority in Taiwan has not been claimed.

Article 8 After an applicant claims priority in the Taiwan region, it may withdraw all or one or several of its claims for priority in the Taiwan region.

If the applicant withdraws its claim for priority in Taiwan, it shall submit a declaration of withdrawal of priority in Taiwan signed or sealed by all the applicants; if the withdrawal of the declaration of priority in Taiwan does not conform to the provisions, it shall be deemed that the withdrawal of the declaration of priority in Taiwan has not been made.

If the applicant withdraws its Taiwan priority claim, resulting in the change of the earliest Taiwan priority date of the application, and the various time periods from the Taiwan priority date have not expired, the Taiwan priority period shall be calculated from the earliest Taiwan priority date or application date after the change; The statement of withdrawal of Taiwan priority reached the State Intellectual Property Office 15 months after the earliest Taiwan priority date before the change, the publication period of the later patent application shall still be calculated from the earliest priority date in Taiwan before the change.

Article 9 Anyone who claims the right of priority in Taiwan shall pay the application fee at the same time as paying the application fee, and pay the right of priority in Taiwan in accordance with Article 93 of the Implementing Rules of the Patent Law; if it has not paid or has not paid in full at the expiration of the period, it shall be deemed that the right of priority in Taiwan has not been claimed.

Article 10 Where the applicant is deemed not to have claimed the right of priority in Taiwan and falls under any of the following circumstances, the applicant may request the restoration of the right to claim the right of priority in Taiwan in accordance with the provisions of Article 6 of the Implementing Regulations of the Patent Law:

The (I) is deemed not to have claimed the right of priority in the Taiwan region because it has not gone through the formalities for correction within the specified time limit;

The (II) requires at least one item in the Taiwan area priority declaration to be filled in correctly, but fails to submit a copy of the earlier application document or the Taiwan area priority transfer certificate or relevant instructions within the prescribed time limit;

The (III) requires at least one item in the Taiwan area priority declaration to be filled in correctly, but fails to pay or fully pay the Taiwan area priority claim fee within the prescribed time limit;

The original application of the (IV) divisive application claims the right of priority in Taiwan.

In addition to the above-mentioned circumstances, if it is deemed not to claim priority in the Taiwan region due to other reasons, it shall not be restored.

Article 11 If the patent application documents submitted by the applicant contain words that conflict with the existing laws, regulations and rules, the State Intellectual Property Office shall notify the applicant to delete or modify within two months, and if no reply is made at the expiration of the period, the application shall be deemed to have been withdrawn; if the applicant refuses to delete, modify or still does not conform to the provisions after modification, the patent application shall be rejected. Obviously does not involve the technical content of the words and sentences, the State Intellectual Property Office may delete and notify the applicant ex officio; the applicant does not agree to delete, shall reject the patent application.

Article 12 Where the State Intellectual Property Office issues a copy of the application document at the request of the applicant, it shall first examine the terms of the application document in accordance with Article 11 of these Provisions; if the application document contains words and sentences that conflict with the existing laws, regulations and rules, it shall not be handled before the preliminary examination is qualified.

Article 13 If the applicant is unwilling to publish his address, he may indicate "Taiwan, China" in the column of "Applicant's Address".

Article 14 These Provisions shall come into force as of November 22, 2010. The Provisions on the Acceptance of Patent Applications by Taiwan Compatriots (Guo Zhuan Fa Zi [1993] No. 63) promulgated by the former Patent Office of China on March 29, 1993 and the Measures on the Handling of Certain Issues in the Patent Application Formalities by Taiwan Compatriots (Guo Zhuan Fa Shen Zi [1993] No. 69) promulgated on April 23, 1993 shall be repealed simultaneously.