|
On 20 October 2010, the Ministry of Economic Affairs announced the amendment to the Patent Examination Guidelines (Section I: Procedural Examination and Patent Right Administration), and the amended Examination Guidelines shall take effect on 1 January 2011. The amended Guidelines focus on issues regarding the qualification of patent applicants as well as the impact caused thereby to patent filing date recognition. The major contents of the amended Examination Guidelines are as follows:
|
|
|
|
l
|
In a written patent application, the name of the patent applicant shall be clearly listed. If such name is not clearly listed, therefor causing it impossible to verify the identity of the patent applicant, the party expressing the intent stated in the written patent application as well as its legal effect, such patent application shall not be accepted. However, if the above-mentioned defect can be rectified before the Intellectual Property Office (IPO) issues a notification with respect to the said defect, the date on which the supplementary filing is made shall be taken as the filing date of the patent application.
|
|
|
|
l
|
If, based on the documents submitted when applying for patent, the name of the applicant can be identified (for example, where the applicant has listed its name in a foreign language but failed to provide its name in Chinese language, where the name of the applicant is not completely identified in the written application whereas the applicant can still be identified, or where the Assignment on file has clearly listed the name of the applicant etc.), it shall be deemed that name of the applicant has been clearly stated. However, the applicant shall make the necessary supplement within a specified time period.
|
|
|
|
l
|
The identity of a patent applicant shall be decided based on the written application first filed with the IPO. If a change of patent applicant becomes necessary, evidentiary document(s) proving the assignment of the right to apply for patent shall be filed with the IPO.
|
|
|
|
l
|
Where the patent applicant listed in the written patent application is not the lawful patent applicant and assignment document is submitted later to change the applicant to the lawful one, the filing date of the concerned patent application shall be the date on which the lawful applicant is verified and on record.
|
|
|
|
l
|
For a patent application jointly filed by two or more co-applicants, the said patent application should be jointly filed by all the co-applicants, and the names of such co-applicants shall be clearly stated in the written patent application. However, if the patent application is filed by a part of the co-owners and, during the procedural examination stage, pertinent evidentiary document(s) is(are) filed with the IPO to assign the right to apply for patent to all the co-applicants, it shall be deemed that the defect as stated above has been cured after patent filing, and the original filing date shall be maintained based on the following considerations: (1) the co-applicant(s) filing the patent application is(are) not a party(parties) not entitled to patent application, and (2) the rights and interests of all the co-applicants shall be respected.
|
|
|
