New Guidelines on Inventive Step Examination of Invention Patent in Taiwan - 2018.05.23

By Lewis C. Y. Ho of Lewis & Davis Patent Attorneys Office, Taiwan

Taiwan Intellectual Property Office (TIPO) announced a new version of Section III “Inventive Step” of Chapter III “”Patentability of Part II “Substantive Examination” of “The Patent Examination Guidelines for Invention Patents”, which is briefly called as “New Examination Guidelines on Inventive Step of Invention Patent” (NEGISIP) hereinafter, and took it effective as of July 1, 2017.

The major issues of the amendment provisions comprises (1) the prerequisites for determination of inventive step, (2) the definition of a person who has general knowledge pertains to in the invention (“person skilled in the art” or “ordinary skilled person”), (3) examination principles for determination of inventive step and so on, (4) examination principles for determination of inventive step, as well as matters concerning examination on inventive step, which are briefly introduced as followings.。(APAA e-Newsletter)...more

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