Electronic Exchange of Priority Document Data with the Taiwan Intellectual Property Office (TIPO)

Example of the column of “【パリ条約による優先権等の主張】” (Claim of Priority under the Paris Convention) in the application form

Notes

• *1 As for the column of “【国・地域名】” (Name of Country/Region), please describe “台湾” (Taiwan) as a name of the region where an application was filed and serves as a basis of claiming a right of priority.
• *2 As for the column of “【出願番号】” (Application Number), please see the example of a TIPO application number shown in the list on the page of “How to Describe an Application Number based on which Priority is Claimed under the Paris Convention.”
• *3 As for the column of “【出願の区分】” (Type of Application), please describe either “特許” (patent), “実用新案登録” (utility model) or “意匠登録” (industrial design) based on which priority is claimed.
• *4 As for the column of “【アクセスコード】” (Access Code), please describe an access code issued by the TIPO.
• *5 As for the column of “【優先権証明書提供国（機関）】” (Country (Organization) that Issued Priority Certificate), please describe “台湾” (Taiwan) as a name of the region that provides the priority certificate. (Please do not describe “世界知的所有権機関” (The World Intellectual Property Office) in this column, since the WIPO Digital Access Service (DAS) is not used in the electronic exchange of priority document data between the JPO and the TIPO).

(a) Reference Table for the items in the above application form

Cases where the application number based on which priority is claimed or its access code is unknown at the time of filing an application

For Patent applications and Utility model applications

Please submit a written amendment online or on paper to correct the column of “【パリ条約による優先権等の主張】 (Claim of Priority under the Paris Convention)” in the application form with the said application number supplemented within one year and four months (*) after the earliest filing date among patent application and utility model application based on which priority is claimed.

* If notice (notice of non-submission of priority certificate) based on the Patent Act Article 43(6) has been made, within two months from the date of shipment of the notice, it is possible to make amendments to the “パリ条約による優先権等の主張”(Claim of Priority under the Paris Convention) column.

In cases where a written amendment is submitted on paper, please add the column of “【その他】” (Others) and describe there that “特許法第43条第5項の規定による書面の提出” (Submitting documents under the Provision of in Article 43, Section 5 of the Patent Act). In this case, digitization fees are not charged. If a written amendment is submitted online, there is no need to add the column of “【その他】” (Others).

For a utility model registration application after registration of establishment

Once a utility model right has been registered as established, it is not possible to supplement the access code with a written amendment. If you wish to add an access code to a utility model right that has been registered within one year and four months after the earliest filing date among the utility model applications, you must submit a "document under Article 43(5) of the Patent Act as applied mutatis mutandis under Article 11(1) of the Utility Model Act"(Word: 23KB) (document procedure only).

For an Industrial Design application

Within three months(*) of the filing of the application for design registration, please submit online or on paper a "written amendment" to amend the “パリ条約による優先権等の主張”(Claim of Priority under the Paris Convention) column of the application to supplement the above-mentioned application number and access code.

*If a notice under Article 43(6) of the Patent Act as applied mutatis mutandis under Article 15(1) of the Design Act (notice of non-submission of priority certificate) has been given, it is possible to make amendments to the “パリ条約による優先権等の主張”（Claim of Priority under the Paris Convention）column within two months from the date of dispatch of the said notice.

In cases where a written amendment is submitted on paper, please add the column of “【その他】” (Others) and describe there that “意匠法第15条第1項において準用する特許法第43条第5項の規定による書面の提出” (Submission of a document under Article 43(5) of the Patent Act as applied mutatis mutandis under Article 15(1) of the Design Act”). In this case, digitization fees are not charged. If a written amendment is submitted online, there is no need to add the column of “【その他】” (Others).

Example of a written amendment for a patent application

(b) Reference Table for the items in the example of the above amendment

(1) Obtaining Access Code through Filing Receipt or Notification of Application Number

For online applications

Starting March 20, 2016, (starting January 1, 2020 regarding industrial design application), every patent/utility model/industrial design application filed online is allocated an Access Code that is printed on the online filing receipt. Thereby, an access code related to the application can be obtained without procedures for Request for Issuance of Access Code.

• Online Filing Receipt [Japanese] Sample (PDF: 124KB)

For applications in paper form

If you file a patent, utility model and industrial design application in paper form on or after January 1, 2020, the access code for the application will be included in the notification of application number sent by postcard from the JPO.

• Notification of Application Number sample (PDF: 512KB)

(2) Request for Issuance of Access Code (For Patent applications and utility model applications only)

If the access code cannot be obtained through (1), above, it is obtainable by submitting a “Request for Issuance of Access Code to WIPO” to the JPO. Both through online and in paper form is acceptable. There is no need to pay the fee for the procedure and the fee for computerization.

• Request for Issuance of Access Code to WIPO (PDF: 131KB)

• Note: Please note that “Request for Issuance of Access Code to WIPO” is for Patent applications and utility model applications only.

After receiving a Request for Issuance of Access Code, the JPO sends a Notification of Access Code to the requester of an access code. It normally takes around one week after the request form is submitted online. If it is submitted on paper, it needs an additional period (about one month) to digitize the Request for Issuance of Access Code, and then it is recommended to take the procedure with a sufficient time.

• Sample of a notification of access code (PDF: 72KB)