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The ROC is not a member to the Paris Conven-tion, and convention priority cannot be made when filing a patent application in the ROC. However, the ROC Patent Law provides that a foreign applicant may claim priority in the ROC based on reciprocity. Under the existing practice, a foreign applicant must meet the following conditions of reciprocity so as to claim interna-tional priority in the ROC:
The first country in which the applicant filed a patent application for the invention, utility model or design concerned was one with which the ROC reciprocally recognizes prior-ity claims; and
The applicant's home country and the ROC reciprocally recognize patent priority claims, or the applicant has a domicile or place of business in any other country with which the ROC has such reciprocity (Article 24 Para-graph 3 of the Patent Law).
Following the ROC's accession to the WTO on 1 January 2002, the IPO has not yet formally an-nounced changes in its practice on patent priority claims. However, from IPO decisions on priority claims for individual cases over the past several months, it seems fairly clear that its standpoints are as follows:
All WTO member countries are regarded as having reciprocity with the ROC with regard to priority claims, and a national of any such country may claim priority when filing a pat-ent application in the ROC. However, the priority date claimed may not be earlier than 1 January 2002.
Priority claims based on the Patent Coopera-tion Treaty or a European patent are not rec-ognized (except in the case of Australia and New Zealand, as was already the case).
There appears to be no restriction on the types of patent (invention, new utility model or new design) for which nationals of WTO member countries can claim priority in the ROC.
Article 24 Paragraph 3 of the Patent Law pro-vides that for an applicant whose home coun-try does not have reciprocity with the ROC, but the applicant has a domicile or place of business in the territory of any country with which the ROC has reciprocity, the applicant can still claim priority." The above provision took effect as of 1 January 2002.
Because the IPO has so far not made any formal announcements on the above matters, it is un-known whether the above standpoints would be changed or not. The IPO also recently issued an interpretation letter stating that in case of a na-tional from a non-reciprocal country, who has a domicile or place of business in the ROC, such applicant shall be treated as a quasi-national of the ROC and can therefore claim priority in the ROC. We will continue to closely follow the development of patent priority claims practice, and keep our readers updated.
