Taiwan: Patent term extension in Taiwan

Publication Type

Book Chapter

Version

publishedVersion

Publication Date

1-2016

Abstract

Unlike some European jurisdictions, Taiwan does not have a supplementary protection certificate that grants a patentee an independent, sui generis IP right. Rather, under Taiwan Patent Act, a patent term extension is available only on two occasions. Firstly, when a patentee of an invention of pharmaceuticals (excluding veterinary drugs), agrochemicals, or the manufacturing processes thereof, obtains the market authorization by another authority from the central government required by law for the exploitation of the patented invention after the patent was granted by the Taiwan IP Office (TIPO).442 Secondly, Article 66 of Taiwan Patent Act allows a patentee of an invention unable to practice his/her patent due to war between Republic of China (ROC more commonly known as Taiwan) and other foreign countries to extend his/her patent term once for a period of between 5 to 10 years. However, patentees from the foreign county that is in war with Taiwan are not eligible for patent term extension. In patent practice the patent term extension regime is rarely used in Taiwan. Unless otherwise specified, patent term extension mentioned hereinafter refers only to extension for pharmaceutical and agrochemicals patents and the manufacturing processes thereof.

Keywords

Patents, patent term extensions, Taiwan

Discipline

Asian Studies | Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Study on the legal aspects of supplementary protection certificates in the EU: Annex II: International reports

First Page

97

Last Page

105

ISBN

9789279859083

Identifier

10.2873/495208

Publisher

European Union

City or Country

Luxemborg

Copyright Owner and License

Publisher

Link to Full Text

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