The Patent & Trademark Applicants could request for reinstatement once the statutory period is delayed on account of earthquake.
In April, earthquakes struck Kyushu District in Japan and Ecuador in South America. The earthquake caused severe loss of life and property. However, in such cases, is there any compensation for the patent and trademark application? In terms of Taiwan, if the statutory period of the relating Taiwan patents & trademarks applications are delayed on account of the natural disasters, the applicants may request for reinstatement, according to Taiwan Patent Law Article 17 and Patent Law Enforcement Rules Article 8, or Taiwan Trademark Law Article 8 and Trademark Law Enforcement Rules Article 9. In principle, the case circumstances will be leniently identified by Taiwan Intellectual Property Office.
Related Acts are listed as follows:
Patent Law, Article 17.
If the delay of a statutory time period is caused by natural calamity or other cause(s) not attributable to the applicant, the applicant may, within thirty (30) days after cessation of such cause, file a written request with the Specific Patent Agency stating the cause(s) for delay and requesting for reinstatement.
Patent Law Enforcement Rules Article 12
When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request form shall be submitted to the Specific Patent Agency stating the reasons for the delay and the date of extinguishment of such delay, and accompanied by the document(s) of proof.
Trademark Law, Article 8.
Where an applicant, holder or other interested person has failed to comply within the statutory period by reason of an act of God or any event not attributable to such applicant, holder or interested person, he/she may apply for restoration to the status quo ante, within thirty days from the day following the date on which the cause vanishes, by submitting a written statement to the Registrar Office clarifying the reason. No application for restoration to the status quo ante may be made upon the failure to comply within the statutory period for more than one year.
Trademark Law Enforcement Rules Article 9
While requesting for restoration to the status quo ante pursuant to Paragraph 2 of Article 8 of the Act, the applicant, holder or other interested person shall submit a written statement clarifying the cause of failure to comply within the statutory period and the date on which such cause vanishes; documents of proof shall be included.
