Rotalsnart wrote:Perhaps some here are not interested in the technical aspects of this, but for those who are, here's an excerpt from an article by Attorney Yulan Kuo published in Intellectual Asset Management Magazine, which clearly explains how Taiwan and China are independent jurisdictions in international IP practice:
"Taiwan’s government and China’s government have respective political power over the patent applications filed in their own territory. A patent application granted in China cannot be enforced in Taiwan. In addition, China and Taiwan do not admit priority right for each others’ patent application (even though both are members of the WTO). Thus, an applicant that files a patent application in Taiwan is unable to claim priority based on his Taiwan’s patent application when he subsequently files the corresponding application in China, and vise versa. In order to keep the benefit of the earliest filing date, it is necessary to respectively file patent applications in Taiwan and in China especially when an applicant chooses Taiwan or China as the first filing country for his global patent prosecution."
Yes, that's correct. It is same on TIPO as well as WIPO website. It would be better for both to recognize each other's priority dates but I guess that will interfere in back door business. BTW WTO too does not recognize Taiwan as a country. I believe it is safe to say that Taiwan is not part of China but it is not a free country either.