News Topics
I. [TW] Simpler Application for Patent Annual Fee Reduction from 2026
II. [CN] Guidelines for Registration of Collective and Certification Trademarks in China
III. [CN] Amendments to China’s Patent Examination Guidelines (Part I)
I. Simpler Application for Patent Annual Fee Reduction from 2026
Starting January 1, 2026, the Taiwan Intellectual Property Office (TIPO) will introduce simplified procedures for patent annual fee reduction applications to enhance administrative efficiency and user convenience. Eligible patent owners will benefit from a “one-time application, multi-year validity” system, greatly simplifying the process of maintaining patents.
Key Information of the New System
I. Eligible Applicants
- Small and Medium-sized Enterprises (SMEs): Includes certified SMEs from both Taiwan and other countries.
- Foreign Schools: Schools recognized by Taiwan’s Ministry of Education.
(Note: Natural persons and domestic schools that already receive fee reductions are not included in this simplified procedure.)
II. System Effects and Application Methods
- Streamlined Procedures: Eligible applicants only need to apply once for the reduction to take effect in subsequent years, removing the requirement for yearly re-applications as under the old system.
- Two Application Channels:
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- At Patent Grant: Select the reduction option directly on the “Patent Certificate Application Form” when paying the certificate and first-year fees.
- After Patent Grant: Patent owners may also submit an application at any time during the patent term.
Important Reminders
- Change in Eligibility: If a company no longer qualifies as an SME (e.g., due to expansion), it must proactively notify TIPO and pay the full fee amount.
- Risk of Insufficient Payment: If a reduced fee is paid even though you are not eligible, the payment will be considered insufficient. This could result in the automatic expiration of the patent rights, and TIPO will refund the insufficient payment.
References
Hyperlink: TIPO Announces Simplified Procedures for Patent Annual Fee Reduction
Hyperlink: TIPO Announces Updates to Related Patent Application Forms
Zhijun Lo
Trademark Administrator of RichIP Group
II. Guidelines for Registration of Collective and Certification Trademarks in China
To reduce costs for applicants, the China National Intellectual Property Administration (CNIPA) has issued these guidelines that provide typical examples of “registrable” and “non-registrable” marks to mitigate the risk of repeated rejections and reapplications.
When applying for a Collective Trademark, the applicant must provide the names and addresses of all collective members, along with Usage and Management Rules. These rules must specify the quality standards of the goods, as well as the liabilities members face if they violate the rules.
I. Examples of Registrable Marks
1. Elemental Innovation
- Use of original text, unique graphics, or a combination thereof that possesses distinctiveness.
2. Marks containing names of administrative divisions at or above the county level. The following conditions must be met simultaneously:
- Authorization: Obtain authorization from the Government of the place name included (or a higher-level government).
- Acquired Distinctiveness: The mark has gained distinctiveness through long-term use and possesses high visibility/reputation.
- Policy Alignment: The designated goods or services belong to an industry explicitly supported by national policies
3. Marks containing “County-level Place Name + Generic Name of Product + Distinctive Graphic + Full Name of Applicant”In addition to the three conditions mentioned above, the following must also be met:
- Relevancy: The designated goods or services must be identical or closely related to the generic name included in the trademark.
- Non-GI Distinction: Ensure the mark is not perceived as a Geographical Indication (GI), particularly when the product quality does not stem from local natural or human factors.
II. Examples of Non-Registrable Marks
1. Lack of Distinctiveness
- The mark consists solely of a county-level place name and the generic name of the product or service. Without long-term use to acquire distinctiveness, these are considered “non-distinctive” as a whole.
2. Likelihood of Public Misunderstanding
- Origin Misrepresentation: The mark contains a place name, but the applicant’s address or place of operation is outside that area, misleading the public regarding the source of the goods.
- Quality Misrepresentation: The mark contains text or graphics (e.g., “Reliable Food”) that easily mislead the public regarding the quality, raw materials, functions, or uses of the product.
- Confusion with Geographical Indications (GI): If the product’s quality is primarily determined by local natural or human factors (e.g., Han River rice), it should be registered as a Geographical Indication, not a Collective Trademark.
References
Chun-Wei Lo
Patent and Trademark Counselor of RichIP Group
III. Amendments to China’s Patent Examination Guidelines (Part I)
The China National Intellectual Property Administration (CNIPA) released the Decision of the CNIPA on the Amendments to the Patent Examination Guidelines on November 10, 2025. The Amendments are intended to fully implement the newly amended Implementing Regulations of the Patent Law and represents an important set of supporting measures in recent years. The amendments will take effect on January 1, 2026.
The key revisions to the Patent Examination Guidelines may be summarized into three core directions, as outlined below.
I. Improving protection rules for emerging fields
- Artificial Intelligence (AI): Improving the examination rules applicable to patent applications in the field of AI technologies, and adding examination examples, in response to the development of AI technologies.
- Bitstream: Bitstream: The streaming media industry is a key driver for upgrading the cultural industry, and approximately 80% of Internet traffic consists of bitstreams generated after compression by encoding technologies. In response, the Amendments adds special examination rules and drafting requirements for patent applications relating to bitstreams, aligning with the rapid development of the streaming media industry.
- Plant varieties: Clarifying the definition of plant varieties, expanding the scope of patent-eligible subject matter.
II. Optimizing examination standards and rules to address issues highlighted in practice
- Same-day dual filings: The Guidelines refine the handling approach for such same-day dual filings (i.e., the same applicant files both an invention patent application and a utility model application for the same creation on the same filing date).
- inventiveness (often referred to as “inventive step”): Refining details of the inventiveness assessment, and clarifying that technical features that do not contribute to solving the technical problem generally do not render the technical solution inventive.
- Inventor/applicant identity information: Clarifying requirements for completing inventor identity information, and providing that patent agencies (i.e., patent firms) bear obligations to verify the applicant’s identity information and contact details.
- Additional filing fees: Adjusting the calculation rules for additional filing fees to reduce the burden on applicants.
- Refund rules: Adjusting the relevant rules on refunds.
- Invalidation: Clarifying that an invalidation request will not be accepted where filing the request is not the requester’s true intent, to prevent abuse of the invalidation mechanism.
- No re-litigation (i.e., “ne bis in idem”): Clarifying that where the grounds and evidence for an invalidation request are substantially identical, the request will not be accepted and will not be examined.
- Reexamination and invalidation procedures: improving the relevant rules governing reexamination and invalidation procedures.
- Patent term compensation: Refining rules on patent term compensation. Where a rejection is overturned in reexamination due to new grounds or new evidence presented by the requester, the time consumed by the reexamination procedure is regarded as a reasonable delay in the grant process.
III. Institutionalizing mature practices to better serve innovative entities
- Rapid examination: Adding provisions relating to rapid examination.
- Priority claim: Clarifying examination rules applicable where a divisional application is filed without a declaration to claim priority.
- “Filing date” information on patent certificates for PCT national phase and divisional applications: Clarifying that, for an international application entering the Chinese national phase (PCT) and for a divisional application, the applicant/inventor and other related information recorded on the patent certificate as of the “filing date” shall be determined based on the date of national phase entry or the date of filing of the divisional application, respectively.
- Submission of amended texts and determination of the examined text in invalidation proceedings: Clarifying rules on (i) the form for submitting amended texts and (ii) the determination of the text to be examined in invalidation proceedings.
In summary, the amendments to the Patent Examination Guidelines are broad in scope. In addition to responding to examination needs arising from emerging areas such as AI, they also adjust multiple examination standards and procedural rules. This issue provides a summary of the amendments. In this newsletter series, we will address each key topic in separate issues; the next issue will focus on the amendments relating to AI / big data and other emerging fields and new forms of business.
References
Interpretation of the 2025 Amendments to the Patent Examination Guidelines（Chinese original）
Jason Hung
Patent Attorney of RichIP Group
