After undergoing three readings by the Legislative Yuan, the new Amendment to Taiwan’s Patent Law was passed on May 31, 2013, and will take effect once it is published by the President. The key changes are highlighted below:
1. According to the current law, the applicant may file an invention patent and a utility model application on the same date. If the utility model application matures into a utility model patent prior to issuance of a Notice of Allowance to the invention application, the Patent Office shall notify the Applicant to select either of the applications within a time limit. In the event that the Applicant selects the invention patent application, the utility model patent shall be deemed nullified ab initio.
As a result of the amendment just passed, the utility model patent shall no longer be deemed nullified ab initio under the circumstance specified above. Instead, the utility model patent right extinguishes only upon publication of the grant of the invention patent application. The stipulation that the invention patent application shall not be granted if, during the prosecution thereof, the utility model patent has extinguished or been cancelled remains unchanged.
2. The stipulation in the old law that the Court can award damages up to three times the claimed damages if the infringement was found intentional is restored.
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The above contents are intended as general discussion of the subject matter only and shall not be deemed as legal advice to any particular case or issue.