TIPS^®  Taiwan Intellectual Property Special

“Unintended Disclosure” Exception to the Novelty Requirement

Taiwan adopts absolute novelty, which means any disclosure in the world bars the novelty for patent applications filed in Taiwan. Currently, there are following 2 exceptions to the absolute novelty, which give a 6-months grace period for the applicant to file the patent application after the disclosure:

1. Disclosure for experimental or research purpose; and

2. Disclosure in a government-sponsored or recognized exhibition.

The Patent Law Amendment adds another exception, “disclosure unintended by the applicant.” If the invention has been disclosed by a third party unauthorized by the applicant, the applicant still can file a patent application within the 6-month grace period after the disclosure.