ALIN Legislative News
From National Taiwan
University College of Law
Amendments to the
Patent Act to Strengthen Inventors’ Rights and Align with Global Practice
On
May 24, 2024, Taiwan’s Legislative Yuan passed major amendments to the Patent
Act, which took effect on August 1, 2024. The revisions seek to enhance the
protection of inventors’ rights, streamline patent examination procedures, and
harmonize Taiwan’s patent system with international standards.
A
notable change introduces a statutory remuneration mechanism for employee
inventions. Under the amended Act, if an employee’s invention is transferred to
the employer pursuant to employment agreements or internal rules, the employee
is entitled to reasonable compensation based on the invention’s value and the
employer’s benefit. The right to such remuneration cannot be waived in advance,
ensuring fair reward for innovation contributors. (Legislative Yuan Gazette,
May 2024.)
Another
significant update is the introduction of an expedited examination route for
green technologies and AI-related inventions, reflecting the government’s
policy to support sustainable development and emerging industries. The Taiwan
Intellectual Property Office (TIPO) may prioritize such applications to reduce
the average examination time by up to 30 percent.
In
addition, the amendments simplify procedures for divisional applications and
clarify the scope of infringement damages, allowing courts to order
disgorgement of profits even where the patentee cannot prove actual loss. This
brings Taiwan closer to the standards of the United States and the European
Union in patent damages assessment.
The
Act also introduces new provisions on patent term extension (“PTE”) for
pharmaceutical and agrochemical products. The maximum extension period is now
five years, and the revised rules address partial extensions and multiple
marketing approvals to prevent abuse while ensuring adequate incentives for innovation.
Overall,
the 2024 Patent Act amendments reflect Taiwan’s commitment to modernizing its
intellectual property framework and strengthening its position in the global
innovation ecosystem.
Author: Prof. Sieh-Chuen Huang
Topic: Civil Code, majority, agreement to
marry, marriage, age limit, the max-imum agreed rate of interest
Jurisdiction: Taiwan
Date: Nov. 1, 2024