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Taiwan - Patent and Trademark Priority Claims

Our April 1995 Information Letter (N.S. 185) and our November 1995 Information Letter (N.S. 186) reported the possibility of Australian and German applicants being able to make claims to priority in patent applications filed in Taiwan based on applications in their own countries. Similar arrangements have now been made with Japan, Switzerland and the United States.

The agreement with the United States became effective on April 10, 1996, and from that date it will be possible for United States nationals to claim priority in patent, utility model and design applications filed in Taiwan based on United States patent applications filed on or after that date. Conversely patent applications will be able to be filed in the United States Patent and Trademark Office by Taiwanese applicants claiming priority from Taiwanese applications filed after that date. In order to claim priority, patent or utility model applications must be filed within 12 months of the application from which priority is claimed and design applications must be filed within six months of the basic application.

United States trademark applicants may also now make claims to priority in their applications filed in Taiwan within six months of the basic application.

To take advantage of the priority rights it is necessary that the applicants in Taiwan and the United States are the same.

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© Copyright 1997 Ladas & Parry - Posted 8/17/96
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