Grace period for invention patents and the utility models, in Taiwan, are extended. It was announced on January 18 2017, and became operative on May 1 2017.

The objective of this plan is to encourage the disclosure of techniques and to provide applicants with an improved possibility of getting patent protection for disclosed inventions and sufficient time to prepare their patent applications.

It includes the following four provisions:

• The grace period for invention patents and utility models is extended from six months to 12 months before the date on which the patent application is filed in Taiwan according to Articles 22(3) and 122(3) of the amended Patent Act.
• The types of disclosure that enjoy the grace period are not limited to public disclosure due to experiment, publication, an exhibition sponsored or approved by the government or disclosure not intended by the patent applicant. According to Articles 22(3) and 122(3) of the amended Patent Act, any type of disclosure may enjoy the grace period whether the disclosure is intentionally or unintentionally made by the applicant unless the Patent Act stipulates otherwise.
• If techniques are disclosed in a gazette in Taiwan or a foreign country in accordance with the laws as a consequence of filing a patent application and intentionally made by the applicant, the applicant will not be able to enjoy the amended grace period as per Article 22(4) of the amended Patent Act.
• According to the amendment, applicants do not need to claim the grace period in order to benefit from the same, and neither are applicants required to provide details and proof of the disclosure at the time they file their patent applications. The applicant can benefit from the grace period even after filing the patent application.

The Author is a Patent Consultant from MR Technollect Solutions (www.MRTechnollect.com).