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Announcement of the Second Draft of the "Draft Amendment to the Patent Act"

2025-04-29 Patent Attorney - Harriet I. J. Chen


The Taiwan Intellectual Property Office (TIPO) previously announced the "Draft Amendment to the Patent Act" on September 11, 2024. The public hearing was then held on November 4 of the same year, at which hearing the TIPO received 35 suggestions on the amendments in total. For carefully reviewing the suggestions of all parties received at the public hearing, the TIPO researched and discussed the suggestions in several meetings. Consequently, the TIPO has further drafted a draft Amendment to the Patent Act (Second Draft), in which totally 17 articles of the Patent Act are amended. The key points of the revisions and adjustments between the draft revision and the preview version are as follows:
  1. As a legal fiction, computer graphics and graphical user interfaces can be regarded as “articles” and can be the subject of design patent protection.
  2. Article 58 of the Patent Act with respect to the exploitation of invention patents "Where the invention is a product" shall be applicable mutatis mutandis to the actions of exploiting design patents.
  3. It is clarified that if the same person has two or more similar designs, he or she may file one application for both or all designs. The applicant must designate one of the designs as the original design and the others as derivative designs.
  4. The invalidation system for disputing over the ownerships of patent applicants will be maintained, and a supporting mechanism will be added to ensure that the nominal right holders cannot abandon the patent right before a dispute arises.