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Saturday, November 20, 2010

File a patent in China and claim a Taiwan priority

No matter what was said in the past, if you have first filed a patent in Taiwan (Republic of China), within 12-months' time, you want to file the same patent in China, you cannot claim the priority date of the Taiwan application.

Starting from 22 Nov 2010, you can do that (with a small but).

On 12 Sep 2010, China and Taiwan had agreed to accept and recoginize each other's priority certificate. So for a patent application first filed to Taiwan patent office on or after 12 Sep 2010, the same application can be filed to China patent office after 22 Nov 2010 and claim the priority date of the Taiwan application. When filling in the proper forms, it should state that the first filing office is "Taiwan Region", not Republic of China.

It is good to know that, though two patent offices required filing in Chinese, but in Taiwan, you need to file in Traditional Chinese, while in China, you need Simplified Chinese. And apart from character translation, the use of technical terms are different. Some type of redrafting is required between the two versions.

Monday, November 8, 2010

China prepare to put in more effort to protect IP rights of foreign enterprise

In a news announcement made on 8th November 2010, Chinese authority reinstate it's effort to protect IP rights of foreign enterprises.

A meeting was held in Chongqing City (重庆) on 7th November 2010 on the subject matter. The head of State Intellectual Property Office said that 100 or more policy had been rolled out annually in the last 5 years.

It was felt that China has developed leading edge technology in some of the fields, including energy, high speed train and information technology, as a nation, China should have interest in protecting itself in the IP area.

I hope foreign enterprises really had felt the effect in the past 5 years and give hope in the coming years. However, it is still not an easy task to deal with local authority, including the court and custom office with issues related to IP, not to mention when you have to deal with local administrative officials if there is a factory making infringement goods.

The Chinese news announcement can be found here.