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FIRST READING FOR PATENT LAW AMENDMENTS

Daisy Wang

As reported in our March 2000 issue, on 27 December 1999 the Executive Yuan presented draft amendments to the Patent Law to the Leg-islative Yuan for review. The Legislative Yuan began reviewing the proposed amendments on 19 June 2000, and their first reading was com-pleted on June 26.

At first reading, the Legislative Yuan largely accepted the amendments proposed by the Ex-ecutive Yuan. The few substantive changes were as follows:

Proposed Article 24

To implement the principle of reciprocity for priority claims, new text was added to explicitly provide that an applicant who is a national of a country with which the ROC has no reciprocity agreement for the recognition of priority claims may nonetheless claim priority if he has a domi-cile or place of business in the territory of a country with which the ROC does have recip-rocity arrangements.

Proposed Article 26

To assure the legal basis of regulations covering the deposit of microorganisms, the patent au-thority is empowered to issue regulations cov-ering criteria for acceptance, type, form, quantity, fees and other operational matters relating to microorganism deposits.

Proposed Article 36-3

To ensure that applicants supply a certificate of viability within the required time limit, the draft amendment was changed as follows:

Where application is made by a person other than the patent applicant for examination of a patent application pertaining to a microorganism per se invention or an invention utilizing a microor-ganism, the patent authority shall give the patent applicant notice to produce a certificate of vi-ability within three months.

Proposed Article 131

In response to Council of Grand Justices' Inter-pretation No. 507, the Legislative Yuan deleted entirely the provisions regarding infringement assessment reports originally included in the Executive Yuan draft.

The next session of the Legislative Yuan begins in September. Lee and Li will closely monitor the progress of the amendments and keep our readers informed.
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