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Q&A

If two or more persons work together to make an invention, to whom will the patent be granted?

If each had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has provided all of the ideas of the invention, and the other has only followed instructions in making it, the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his/her name alone.

Early implementation of the open system and application entities censorship, its purpose?

A Press early publication of patent applications after the system has been, after a certain period to disclose their application content, to avoid duplication of business research, investment, and technology by the public, the industry may soon get new information technologies, to promote the upgrading of industrial technology great help.
Two. Censorship application is made by an entity in a given period is subject to the application (in our country for the years from the filing date) in the case of an entity to review the application, before the substantive examination, that "no application will not review." If the parties within three years that the case has no application to review the application of the value of the entity, rather than reviewing the application, the application shall be deemed withdrawn the case, this way, to reduce the overall number of substantive examination of the patent, to reduce the workload of examiners.

Early implementation of the open system of patent applications filed invention, it has not disclosed the circumstances?

I. irregularities program who are not public.
Second there should not be one of the following circumstances applies open, not open:
(1) starting from the day the application is withdrawn within 15 months.
(2) involving national defense secrets or other national security secrets.
(3) prejudice to public order or good morals.

Our patent cases, when introduced early disclosure system?

Cases of invention patent applications since October 26, 2002 (not including the new and new design patent), adopted early disclosure system, such invention patent application, upon examination procedures and no irregularities should not be without circumstances were made ​​public, from the filing date (or priority date of the next day onwards) open verdict after 18 months.

How much government patent fees payable?

According to Patent Fees standard requires:
Applications for invention patents, NT $ 3,500 per piece.
Open patent application for early case, $ 1,000 each.
Physical examination patent application, the patent specification and drawings in total 50 or less, and the scope of the patent application requests in less than 10 persons in total, each of NT $ 7,000; requested by more than 10 items (item 11 onwards), each additional NT $ 800; specification and drawings by more than 50 per 50 additional NT $ 500; its deficiencies by 50 to 50 dollars. Patent application for re-examination, the patent specification and drawings over 50 who are subject to NT $ 500 per 50; its deficiencies by 50 to 50 dollars.
Each application for the new NT $ 3,000 million; apply a new design each NT $ 3,000;

Patent specification, drawings and the claims, should pay attention to those places?

Patent specification, is an important legal document, but also the technical literature, to be complete, detailed reveal prior art, the purpose of the invention or creative, technical content, features and effectiveness of relevant, so those familiar with the technology and understand its contents, according to to implement, while the scope of the rights set forth in the application for protection desired. Notice the (technical term) the consistency of this writing, avoid the use of ambiguous wording. Should note that the scope of the patent application to write (express) mode.

What characteristics of China's patent system?

(1) first apply the principle: that no matter when the invention has the same invention has two or more of the patent application, the applicant may only be granted in respect of the first patent.
(2) the public system of early invention: the invention patent applications since October 26, 2002, upon examination that no procedural irregularities, if not should not be made public in the Republic who, eighteen months from the filing date months later, the application should open the case.
(3) apply censorship invention: since October 26, 2002, subject to the application for invention patent applications substantive examination before a technical review, if no application has been made not conduct substantive examination of the case.
(4) shift to the new type of censorship: to speed up the processing time of new patent applications, patent certificate issued as soon as possible, to demand rights granted earlier.
(5) Public review: patent application after approval approval; Having obtained the patent certificate, patent valid in the period, anyone can lift expositions.
(6) priority system: international priority domestic priority.