TIPS^®  Taiwan Intellectual Property Special

Feature

Abolish the “First Filing” requirement

The “first filing in China” rule has now been lifted. Prior to the 2008 amendment if a Chinese person or entity wants to file a patent application in a foreign country, for an invention made in China, it must firstly file a patent application in China (Article 20). The amendment allows an applicant to file their invention or utility model application outside of China first if they petition in advance to the patent administrative department of the State Council for confidential review. This is similar to the foreign filing requirement in the United States. This change further encourages Chinese innovators to obtain foreign patents.