A full text of the Guidelines containing 7 items in the Order Eco-Auth-Intel No. 10420031151 was stipulated and promulgated by the Ministry of Economic Affairs, R.O.C. on December 25, 2015; Effectuated as of January 1, 2016
I. This Guideline is stipulated for the purpose of strengthening cooperation relationship between Taiwan and South Korea, facilitating the applicants to claim priority right, enhancing examination efficiency, and enforcing the provision under Paragraph 3, Article 26 of the Enforcement Rules of the Patent Act.
II. The Program of Electronic Priority Document Exchange between TW and South Korea refers to the operation of reciprocally retrieving patent priority documents via electronic exchange based on the cooperation between Taiwan Intellectual Property Office of Ministry of Economic Affairs (hereafter, the "TIPO") and Korean Intellectual Property Office (hereafter, the "KIPO").
The term "Patent" referred to in this Guideline applies only to invention or utility model patents, not to design patents.
III. The terms used in this Guideline are defined as follows:
(I) Office of First Filing (OFF): means the office with which the applicant files the first patent application which serves as the basis to claim priority to.
(II) Office of Second Filing (OSF): means the Receiving Office with which the applicant filed for a later patent application for the same creation after a first-filed patent application, to which the priority is claimed, is filed with the OFF.
IV. Operation Procedures when TIPO is the OFF:
(I) Where the applicant files the first patent application with the TIPO and then intends to file a patent application with the KIPO and claim priority right, the applicant may declare electronic priority document exchange with the TIPO.
(II) Where the applicant makes the preceding declaration, this will be deemed as a consent for the TIPO to provide the relevant application documents in an electronic vehicle to the KIPO to be used as a Priority Document.
(III) Where the applicant thereafter files a patent application with the KIPO and claims priority to the Taiwanese application, submission of a paper copy of the priority document may be substituted by making a declaration of electronic priority document exchange with the TIPO.
(IV) After receiving the declaration made by the applicant pursuant to the preceding paragraph, the KIPO will process it pursuant to its operation procedures.
(V) After receiving a priority claim list from the KIPO, the TIPO shall, after checking and verifying the correctness and consistency of the filing date, application number, patent class and the applicant's declaration made pursuant to Item I, prepare corresponding electronic files of priority documents, and encrypt and sent them via postal service or Internet transmission to the KIPO.
V. Operation procedures when TIPO is the OSF:
(I) Where an applicant claims priority to a South Korean application and declares electronic priority document exchange, this will be deemed as furnishing submission of priority document within the statutory term.
(II) After receiving the applicant's declaration in the preceding paragraph, the TIPO shall include such declaration in the list of priority claims and send the list to the KIPO via postal service or Internet transmission.
(III) After receiving the list of priority claims from the TIPO, the KIPO will process it pursuant to its operation procedures.
VI. The remedies for circumstances where the TIPO fails to retrieve the correct electronic file of priority document pursuant to the provisions under the Guidelines are as follows:
(I) Where the failure was caused due to events such as Internet transmission problems, system malfunction , mistakes of the postal service, etc., which are not attributable to the applicant, the TIPO or KIPO shall cure the failure by re-sending. After curing, this will be deemed as furnishing submission of priority document by the applicant within the statutory term.
(II) Where the failure was caused due to events such as errors existing in the first-filed application documents submitted by the applicant which are attributable to the applicant, the TIPO shall notify the applicant to amend it with correct documents or to re-send paper copies of priority documents within two (2) months; In the case where the applicant fails to amend or resend prior to expiration of said term, this will be deemed as failing to submit the priority document.
VII. For a patent application that is filed earlier than the effectuation date of the Guidelines, such application may also be processed pursuant to the Guidelines.