November 30, 2012
For applications filed from January 1, 2013 the eligibility for the exception of loss of novelty regulations will be expanded to printed publications.
Further the exception regulations will not only be applied to judgment of novelty but also to the judgment of inventive step.
With the current law provisions, if the invention has been disclosed in a printed publication with commercial objectives the exception for loss of novelty would not be applicable and the application would be considered as having lost novelty. Only papers in academic journals were considered as target of the regulations. With the law revision even general printed publications with commercial objectives will be accepted as target of the loss of novelty regulations. After the law revision if the invention has been made public according to one of the points mentioned below, the application is filed within 6 months after the publication and the circumstances of the disclosure to public are explained in the filing request form, the invention will not be considered as having lost novelty.
A Made public through an experiment
B Made public an academic paper or general commercial publication
C Made public at a governmentally sponsored or governmentally approved exhibition
D Made public against the will of the applicant
Inventions made public in the internet are not applicable to the above mentioned points and therefore not target of the regulations.
The APA also has a partner firm in Taiwan and can handle patent filing and trademark filing in Taiwan for you. Please contact the APA if you have questions about IP in Taiwan.