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16 April 2018
On December 14 2017 the Taiwan Intellectual Property Office (TIPO) announced amendments to Chapter 11, Part II of the Patent Examination Guidelines, entitled "Examination Guidelines for Patent Term Extension".
TIPO announced the implementation of the amended guidelines on April 1 2018. Although the changes to the definition of 'first market approval' relax the criteria on determination of first market approval, they also impose a limitation on the scope of extension to the specific ingredients stated in the market approval according to Article 56 of the Patent Act. In addition, the update to Paragraph 7 may adversely affect patentees by expanding the explanation of the 'periods of delay attributable to the applicant'.
For further information on this topic please contact Kate Shu-Yin Chu at Lee and Li Attorneys at Law by telephone (+886 2 2715 3300) or email (firstname.lastname@example.org). The Lee and Li website can be accessed at www.leeandli.com.
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