23 June, 2017
TIPO Published Q1 2017 Trends: Patent Statistics for Filing
According to the statistics released by the TIPO, 17,670 patent applications were filed in the first quarter of 2017, a 6% growth from Q1 last year, of which 11,174 (+8%) were for invention patent, 4,659 (+2%) were for utility model patent, and 1,837 were for design patent (+3% ).
Among the applications for invention patent, 3,769 (+8%) were filed by domestic applicants and 7,405 (+9%) were filed by foreign applicants. The top five nationalities of invention patent applicants in Q1 2017 were Japan (3,540), U.S.A. (1,604), China (425), Hong Kong (417) and South Korea (401). The top five foreign corporations filing invention patents were Alibaba (372), Intel Corporation (159), Qualcomm Incorporated (144), Tokyo Electron Ltd. (99), and Semiconductor Energy Laboratory Co., Ltd (98). (Ethan Wang of Patent Department)
TIPO 2017 Q1 Trends – Trademark Statistics
The TIPO received a total of 18,976 trademark applications in Q1 2017, a growth of approximately 5% from Q1 last year. Among them, 14,097 were filed by the local entities, an increase of approximately 5% from the same period last year. The remaining 4,879 were made by the foreign applicants, also an increase of approximately 5% from Q1 last year. In terms of the applicants’ nationality, China ranked top with 934 applications, followed by Japan (877 applications) and the U.S.A. (802 applications). (Jay You of Trademark Department)
The TIPO announced statistics for the Accelerated Examination Program (AEP) during the Period from January to April 2017
From January to April 2017, there were 113 patent applications taking advantage of the accelerated examination program (AEP), of which 52 were filed by domestic applicants and 61 were filed by foreign applicants. The top four nationalities of foreign applicants were: Japan (21); U.S.A. (14); Germany (6); and U.K. (4). There were 78 applications filed under Category 1 (i.e., the corresponding application has been approved by a foreign patent authority after substantive examination), and the first office action in those matters (including examination opinions and final decisions) was issued in an average of 71.6 days. There were 2 applications filed under Category 2 (i.e., the corresponding application has received examination opinions and search report from the USPTO, JPO or EPO but has yet to receive an examination decision), and the first office action was issued in an average of 79.7 days. There were 21 applications filed under Category 3 (i.e., the invention application is essential to commercial exploitation), and the first office action was issued in an average of 134.0 days. There were 12 applications filed under Category 4 (i.e., the inventions are related to green technologies), and the first office action was issued in an average of 100.9 days.
(Charles Ma of Patent Department)
TIPO announced the Statistics of Patent Prosecution Highway (PPH) during the Period from January through April of 2017
According to the TIPO, there were 193 patent applications made under the Taiwan-U.S. PPH from January through April of 2017; 169 patent applications made under the Taiwan-Japan PPH; and 3 patent applications made under the Taiwan-Korea PPH (Charles Ma of Patent Department)
The petitioner in a Trademark Cancellation Matter may Change or Supplement the Alleged Facts or Reasons before Final Decision by the TIPO
The IP Court held in the 105 Annual Judgement Hsin-Shan-Su-Tzi No. 102 decision that the requirement of Article 42-II of the Enforcement Rules of Trademark Act, which prohibits changing or supplementing the alleged facts or reasons after three months from the publication of the opposed mark, is applicable only for petitions for opposition to registration; and that there is no similar provisions in either the Trademark Act or the Enforcement Rules relating to petitions for cancellation of registration, which carries a different nature from the petitions for opposition to registration. The IP court held that the petitioner in a petition for cancellation of registration may, before the TIPO makes its decision, change or supplement the facts or reasons in support of the petition in the event of a change of circumstance; and that the TIPO ought to examine and take into account such changes or supplements. In addition, if the petitioner for cancellation of registration, based on Article 63-I-(2) of Trademark Act, supplements the petition with the supporting reason that the mark in dispute has not been continuously used for a period of three years before the date of cancellation, the three year period should be calculated from the date on which the petitioner submits the supplements. (Singing Hsieh of Trademark Department)
For further information, please contact:
C. Y. Huang, Partner, Tsar & Tsai Law Firm
CYHuang@TsarTsai.com.tw
