APAA e-Newsletter (Issue No. 47, June 2025)

Taiwan Advances Patent Reform and Global Harmonization

Rich Lee- Cohorizon IP (Taiwan)

Taiwan’s patent system has entered a new phase of modernization, with key procedural upgrades already in force and further legislative amendments under review. These efforts reflect Taiwan’s growing emphasis on aligning with international IP standards and meeting the needs of innovation-driven industries.

Procedural Reforms Now in Effect

In July 2024, Taiwan formally adopted the WIPO ST.26 standard for biological sequence listings, replacing the legacy ST.25 format. This XML-based format aligns Taiwan with major jurisdictions such as the US, EU, and Japan. Applicants in the biotechnology and pharmaceutical sectors must now ensure sequence data submissions comply with ST.26 formatting for global compatibility.

In September 2024, the Taiwan Intellectual Property Office (TIPO) introduced several enhancements to streamline prosecution. These include a Re-examination Acceleration Program for eligible invention applications, updated documentation standards, and expanded use of telephone interviews for examiner-applicant communication. These changes enhance efficiency and flexibility, particularly for fast-paced sectors such as semiconductors and artificial intelligence.

TIPO also revised its examination guidelines to clarify novelty standards, offering examples of what constitutes a “deemed loss of novelty.” Public disclosures—such as early product marketing or launch events—are more clearly addressed, helping applicants synchronize patent strategies with commercialization timelines.

Legislative Developments Under Review

Taiwan is advancing a draft amendment to the Patent Act aimed at expanding the scope of design patent protection. Currently awaiting its third reading in the Legislative Yuan, the bill proposes:

  • Inclusion of digital and virtual designs, such as GUIs and 3D-rendered interfaces;
  • A multiple similar designs filing mechanism, allowing several variants under a single application, consistent with EU and Japanese practice;
  • Extension of the self-disclosure grace period from 6 to 12 months;
  • An expanded window for divisional filings (up to three months after notice of allowance);
  • Reassignment of ownership disputes from administrative challenge to civil court jurisdiction, aligning with global trends toward judicial resolution.

Toward a Centralized Patent Dispute Mechanism

Taiwan is progressing toward the establishment of a centralized patent tribunal, known as the Board of Reexamination and Dispute Review (BRDR), modeled after the USPTO’s Patent Trial and Appeal Board (PTAB). The BRDR will oversee reexamination, post-grant invalidation, and revocation procedures through collegiate panels, oral hearings, and scheduled proceedings.

As of mid-2025, the enabling legislation has completed two readings in the Legislative Yuan and is currently under committee deliberation ahead of its third reading. Meanwhile, the Taiwan Intellectual Property Office (TIPO) has begun internal trial operations and continues preparations in terms of staffing, IT systems, and procedural guidelines.

Once implemented, the BRDR will streamline patent dispute resolution and improve procedural consistency. Its decisions will be appealable directly to the Intellectual Property and Commercial Court, enhancing judicial oversight.

Practical Considerations

These developments present important implications for global IP stakeholders:

  • Biotech firms must ensure full compliance with ST.26 formatting standards;
  • Digital product developers should anticipate expanded eligibility for GUI and virtual design patents;
  • Consumer electronics companies may benefit from more efficient multiple-design filings;
  • Legal advisors should reassess internal IP ownership structures in anticipation of civil litigation procedures.

Conclusion

Taiwan’s evolving patent system demonstrates a clear commitment to procedural modernization, global harmonization, and industry responsiveness. With meaningful reforms both implemented and underway, Taiwan continues to strengthen its position as a key IP jurisdiction in the Asia-Pacific region.