A patent licensee filed an application with TIPO to record licensing of patent before the expiration date of the patent right but the licensee failed to submit all required documents before the expiration date. TIPO rejected the recordation of licensing by the reason that the patent right had been expired. The licensee appealed to the MOEA (Ministry of Economic Affairs) and the MOEA revoked the decision rendered by the TIPO by the following reasons:
- there is no limitations to “the filing date” of the recordation of patent license under the Taiwan Patent Act and Enforcement Rules thereof;
- the later submission of the required documents would not affect the original filing date in the patent practice; and
- the patent right expired within the period of the TIPO’s review process , which is not attributable to the appellant.