TIPS^®  Taiwan Intellectual Property Special

The Definition of “Government Sponsored or Recognized Exhibition” under Article 20 of the Patent Law

Article 20, Paragraph I(3) of the Patent Law provides that an invention is not patentable if such invention, prior to applying for patent, has been displayed in an exhibition; except in the case where the invention is displayed in a government sponsored or recognized exhibition, and the patent application has been filed therefore within six months from the opening date of such exhibition.

As the profound development of computer software patent, many domestic computer manufacturers speculate whether the above provision applies to the software invention that is displayed in the domestic computer show. To answer this inquiry, the Intellectual Property Office, Ministry of Economic Affairs recently published the definition of “government sponsored or recognized exhibition” under Article 20 of the Patent Law as follows:

Pursuant to relevant provisions of the Paris Convention, the grace period of six months would only grant to such exhibition which is sponsored or recognized by the local government and is of the international nature.

To abide by the international principle and reciprocal equity, the definition of “government sponsored or recognized exhibition” under Article 20 of the Patent Law should comply with the principle of the Paris Convention. Accordingly, such exhibition must be conducted or entrusted by the government and list the competent authority as the sponsor.

The exhibition sets forth in Article 20, Paragraph I(3) shall not include a show that displays goods for sale, since such show falls in the category of unpatentable patent that “has been published or put to public use” under Article 20, Paragraph I(1) of the Patent Law.

If the sponsor of the domestic computer show is a local association and/or computer association and without the international nature (such as, not open to international participation), Article 20, Paragraph I(3) shall not apply.