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On 12 November 2001, the Taipei Representa-tive Office in the Netherlands and the Nether-lands Trade and Investment Office signed an Agreement on the Mutual Granting of Patent Priority Right. According to the agreement, na-tionals (natural persons or legal persons) from the Netherlands may claim priority for their in-vention and new utility model patent applications filed in the ROC, and vice versa. The agreement would take effect from the date on which both parties make specific publications as required by the agreement. In compliance with the agree-ment, the ROC IPO published an announcement on 11 December 2001 and the Industrial Property Office in The Hague also published its an-nouncement on 17 December 2001.
The following is noteworthy for the implemen-tation of the agreement.
As of 17 December 2001, an applicant from the Netherlands may claim priority for his ROC invention and new utility model patent applications based on a corresponding basic invention or new utility model patent applica-tion first filed on or after 17 December 2001 in the Netherlands, or first filed in any other country that has established reciprocity with the ROC. Up to December 2001, countries that have established reciprocity with the ROC for patent priority claim purposes include Australia, Switzerland, France, Japan, the USA, the UK and New Zealand (for invention, new utility model and new design patent ap-plications) as well as Germany, Liechtenstein as well as Austria and Netherlands (for inven-tion and new utility model patent applications only).
The priority date claimed by a patent applicant from the Netherlands for his ROC patent ap-plication should not be earlier than 17 De-cember 2001.
