"*~FAQs for Patent~*"
Co-Ownership in Taiwan Patent (through Qs & As)
it possible for one of the co-owner to file the extension in your
country without the approval of the other co-owners,
a patent being filed in co-ownership, can each co-owner work the
patent without the agreement of the other co-owner.
it possible for one of the co-owners to grant without the agreement
of the other co-owner(s).
it is possible, is a compensation due to the other co-owner.
it possible for one of the co-owners to assign its share of
co-ownership without the agreement of the other co-owner?
it possible for one of the co-owners to bring a suit against an
infringer without the agreement of the other co-owner?
PCT in Taiwan
Since Taiwan is not a party to the Paris convention, it will be impossible to designate and enter into the national phase in Taiwan or claim the priority on the basis of the PCT corresponding application if it has been over one year from the filing date of the PCT application. If any corresponding foreign application has been published or patented, it will be no more possible to seek patented an application here since it has lost the novelty.
Nevertheless, a Taiwan application can claim the priority from the PCT application if the PCT application is the first filed application and the priority deadline from its filing date has not expired.
Once the invention/design/utility patent is issued, it is certainly possible to enforce the patent right. The only burden in bringing an action for enforcement is to identify who is infringing and how the infringer infringes which are normally substantiated by submitting an invoice and the product the infringer sells. The clients can conduct actions as follows:
1) Send a
warning letter to the infringer.