Post-filing data is important for the Applicant to get a patent right, especially for the Applicant in the biological and chemical field. However, you may find the examination standard for the post-filing data is very strict in China.
The sixth amendments to the Guidelines for Patent Examination already have taken effect on January 15, 2021, making a new clarification for the examination of the post-filing data.
After the 4th amendment of China Patent Law, China has extend the design patent protection term from 10 years to 15 years, from the date of filling. In the US, the term is also 15 years, from the date of grant. Before the amendment, China only allow to use solid lines to protect the design as whole product. Now, as the same in the US, China start to allow partial design protection by using broken lines.
Nowadays most companies understand the value of applying for patents on inventions before launching a new product. Obtaining patents on your inventions can effectively secure your rights and stop others from making or using your invention without permission. However, not so many companies have recognized the benefits that come with product clearance, also known as “freedom to operate” (FTO) or “right to use” analysis
Taiwan government aims to accelerate the prosecution process and provide a broader protection for the industry to encourage inventors and brand owners to seek protections through the trademark and patent system. Here are the summaries of the new policies just launched in the past year and the introduction of the Draft of the new Patent law and Trademark Act