The Ministry of Economic Affairs recently announced an amendment to Volume 3 – Design Patent Substantive Examination of the Patent Examination Guidelines. On 1 November 2020 the amended version of the guidelines took effect. The amended guidelines provide applicants with a more flexible filing strategy and a more complete level of protection with regard to the appearance of their designs.
Before the amended Patent Act took effect on 1 November 2019, a request for post-allowance division could be filed within 30 days of receiving an allowance decision only if the parent invention application had been allowed at the first examination stage. Under the amended Patent Act, a request for division can be filed within three months of receiving an allowance decision irrespective of whether the parent invention application has been allowed at the first examination or re-examination stages.
The Taiwan Intellectual Property Office recently announced a new measure to manage design patent application priority claims. Now, the examination of a design patent application priority claim will align with that of an invention patent application – namely, the priority claim will not be substantively examined first. Thus, applicants can claim multiple priorities.