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Taiwan - U. S. Applicants Entitled to Patents on Microorganisms and to Extensions on Patents for Pharmaceutical and Agrichemical Products

The same agreement with the United States that gave United States nationals priority rights in Taiwan also provided United States nationals with two additional rights.

The first is the right to file patent claims directed to microorganisms per se (a right which until Taiwan is admitted to the WTO was reserved under the 1994 Patent Law to nationals of countries granting reciprocity to Taiwan on this issue). It is, however, necessary to make a deposit of such an organism in a domestic depository authority in Taiwan unless the microorganism is one that can easily be obtained by those skilled in the art.

The second right now afforded to United States nationals is the right to secure an extension of a product or process patent relating to a pharmaceutical or agrichemical product for a period of up to five years to compensate for regulatory delays before a product is permitted to be marketed. To qualify for such an extension, the patent in question must be based on an application filed on or after January 23, 1994, (the date on which the current law came into effect) and the application for extension must be filed within 3 months of the grant of government approval to market the product and at least 6 months prior to the normal expiration date of the patent that is to be extended.

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