News Topics
I. [BR] Brazil’s Strategies for Increasing Patent Applications
II.[JP] Reinforcement of Rules for Counterfeit Goods Imported Overseas
III.[TW] Enacted Article 60-1 of Patent Act Has Been Implemented
I. Brazil’s Strategies for Increasing Patent Applications
The Brazilian Patent and Trademark Office (BPTO) plans to increase the number of patent applications by more than 10% in 2022.
The main directions are to promote the plan of improving the patent examination process and patent decision automation, to outsource patent search, and to proactively handle the backlog cases, with the aim of facilitating the efficiency of examination and increasing the number of patent cases with relevant procedures completed.
In terms of examination schedule, the followings strategies are expected to be implemented:
- The examination period of design applications will be shortened to within four months;
- The examination period of trademark application will be shortened to within nine months, and in case of objection, the examination will be completed within 18 months; and
- The examination of invention/utility patent applications will be finished within 3.8 years.
In addition, the procedure with respect to design patent applications will comply with the Hague Agreement Concerning the International Deposit of Industrial Designs, in order to provide a more convenient portfolio way for the domestic and foreign patent applicants.
References
Hyperlink: The Brazilian Patent and Trademark Office (BPTO)
Howard-Pong
Patent Counselor of RichIP Group
II. Reinforcement of Rules for Counterfeit Goods Imported Overseas
JPO announced on July 19, 2022 that the Amendments to Trademark and Design Patent proposed in May 2021 will be implemented from October 1, 2022.
The crux of the Amendments is that the counterfeit goods which the foreign enterprises intend to import via post will be constrained by Customs as the “goods prohibited from import.” Besides, even if someone shops at foreign or domestic online shop in person, the counterfeit goods sent to Japan from other countries, which infringed Trademark rights or Design Patent rights, will also be confiscated by Customs.
References
Dr. Cross Liu
Executive Manager of RichIP Group
III. Enacted Article 60-1 of Patent Act Has Been Implemented
TIPO announced on June 29, 2022 that enacted Article 60-1 of Patent Act will be implemented from July 1, 2022. The article is enacted to support “Patent Linkage of Drugs” of Pharmaceutical Affairs Act, which is a measurement for resolve the infringement problem between generic drugs and new drugs at the stage of application for permission of generic drugs.
The highlights of Article 60-1 of Patent Act include:
The patentee can demand removal of infringement or prevention of any threat of infringement according to Paragraph 1 of Article 96 of Patent Act upon receipt of a notification that the applicant for a drug permit license claims that the patent right uploaded by the owner of the new drug permit license should be revoked or no infringement of the patent right.
To avoid the risk of being accused of patent infringement for marketing a generic drug, the company of the generic drug can file a request for a declaratory judgment of patent infringement once the patentee of new drugs does not file a lawsuit of patent infringement within the prescribed period.
References
Hyperlink: Taiwan Intellectual Property Office
Dr. Cross Liu
Executive Manager of RichIP Group
IV. Accelerated Examination of Patent Applications in Connection with Vaccines and Medications of COVID-19
To support research, development and production of vaccines and medications of COVID-19, KIPO announced a one-year measurement of accelerated examination of patent applications on June 23, 2022.
The accelerated examination is applicable to patent applications in connection with vaccines and medications which are supported by national researchs, and patent applications filed by companies which produce vaccines and medications or apply for clinical trial in Korea.
In accordance with the measurement, accelerated examination of a qualified patent application can be undertaken within two or three months on average. As compared with general patent applications, the accelerated examination can reduce about ten months of idle time for the qualified patent applications.
References
Hyperlink: Korean Intellectual Property Office
Dr. Cross Liu
Executive Manager of RichIP Group