ALIPO IP ATTORNEYS

AFor shorten the waiting time for examination of an invention patent application, the TIPO accepts the applicant to apply for an accelerated examination of an invention patent, if one of the following four reasons is met:Condition 1: If the corresponding application has been approved by a foreign patent authority under substantive examination, the TIPO...

AWhere an applicant unintentionally fails to claim priority at the time of filing, or where the priority claim is deemed not to have been made due to not specify the filing date of the first patent application or the name of the country (or WTO member), he/she may, within 16 months after the earliest priority date, apply for reinstatement of priority claim, pay the...

ATIPO adopts formality examination instead of substantive examination for a utility model application. After the application is accepted, TIPO will automatically conduct the formality examination.

ABecause patentability is not substantively examined for a utility model application, there is considerable instability and uncertainty regarding the application’s validity. If a patentee inappropriately exercises such uncertain right, the patent rights may possibly be abused, which may hinder a third person’s research and development. Therefore, a Technical...

AAfter a patent is granted, any person (except for the patentee) may file a request for an invalidation action against the patent with TIPO for the duration of the patent term. However, if a patent application is not jointly filed by all the joint owners of the right to apply for a patent, or if the patentee is not the owner of the right to apply for a patent, an invalidation...

AYes. If an invention patent or a utility model contains more than one claim, an invalidation action may be filed against part of the claims.

AYes. Applicants wishing to change the type of original patent application may request conversion of the type of patent application as prescribed below:(1) An invention may be converted into a utility model.(2) An invention may be converted into a design.(3) A utility model may be converted into an invention.(4) A utility model may be converted into...

AYes. A patent application that substantially contains two or more inventions may, upon notice by TIPO or upon request by the applicant, be divided into two or more divisional applications. The divisional patent application should be accorded with the same filing date as the original application.

ANo. The divisional patent application should be based on the invention(s) disclosed in the description or the drawing(s). It should not be the same as the approved invention(s) in the original patent application. The description, claim(s), or drawing(s) of the original patent application that are approved may not be altered and should be published based on the...

ATIPO will authorize an extension of up to five years in the case of there being a certain period of time during which the patent right cannot be utilized after it is granted and the patent right is in the field of pharmaceuticals or agricultural chemicals, or the manufacturing process, and the patent owner is required to take some specific action or obtain permission...