TIPO announces second draft amendment to certain provisions of Patent Act

　The TIPO made an announcement that they issued a draft amendment to partial provisions of the Patent Act on September 11, 2024 for public comments.  Further on November 4, 2024, a public hearing was held to receive a total of 35 suggestions from all sectors.  After discreet deliberation and multiple rounds of discussion of the suggestions, TIPO has prepared a second draft of the amendment proposing revisions to a total of 17 articles.  The key points of adjustments based on and between the first and second draft amendments are summarized below:  
 
1.  Computer graphics and graphical user interface should be regarded as “articles” eligible as subject matters of design patents.  

2.  Article 58 of the Patent Act governing the exploitation of an invention which is a product shall apply mutatis mutandis to the exploitation of design patents.

3.  One applicant holding two or more similar designs may file a single application for his/her multiple similar designs with one design thereof as the principal design and the remaining designs as the derivative ones.  

4.  The invalidation-based remedy with respect to patent ownership disputes shall be maintained.  Relevant provisions are included to prohibit a nominal right holder from abandoning patent rights prior to the resolution of the dispute.  (Released 2025.03.24)
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