I. 12th edition of the Nice Classification and related updates to the metaverse and NFT
The Taiwan Intellectual Property Office (TIPO) have upgraded the recommended terms in e-filing system in accordance with the implementation of Nice Classification Version 12 on January 1, 2023 (fee waivers will be available for applications with all of the designated goods or services that are identical with the recommended terms).
This version reacts to the trend of digital development by including terms for the metaverse, virtual goods, and NFT.
Some of the relevant terms are listed below for your reference:
- Class 9: downloadable computer software for managing crypto asset transactions using blockchain technology, downloadable digital files authenticated by non-fungible tokens [NFTs].
- Class 41: providing online images, not downloadable, providing online virtual guided tours.
- Class 42: mining of crypto assets / cryptomining.
Patent & trademark Counselor
II. Amendments to the Enforcement Regulations of Taiwan Patent Act
Ministry of Economic Affairs issued an announcement on “Amendments to the Enforcement Regulations of the Patent Act” on January 3, 2023. The contents of the forecast amendments include the following issues:
- New Paragraph 6 (as shown below) has been added to Article 17 of the Enforcement Regulations, and the original Paragraph 6 is renumbered as Paragraph 7.
Paragraph 6 of Article 17
When biological materials are deposited in a depository designated by a foreign country in its territory with which Taiwan recognizes the effects of deposits based on reciprocity, the certificate issued by such depository shall have the proof of survival of the biological materials.
- New Paragraph 3 (as shown below) has been added to Article 28 of the Enforcement Regulations, and the original Paragraph 3 is renumbered as Paragraph 4.
Paragraph 3 of Article 28
If the contents of the specification of a divisional application are not fully identical with the contents of the specification of the parent application, the page(s) with underline for identifying the differences in the specification must be attached when filing the divisional application.
Patent Counselor of RichIP Group