Three kinds of patents in Taiwan:
• Invention patent
• Utility model patent
• Design patent
Invention patent application:
Acceptable Subject matters:
– the creation of technical ideas, utilizing the laws of nature
– animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
– diagnostic, therapeutic and surgical methods for the treatment of humans or animals; or
– inventions contrary to public order or morality.
The application procedures for Invention patent in Taiwan are as follows:
• Formality Examination:
TIPO examiner routinely first conducts a formality examination to confirm whether all the filed documents meet with the official filing requirements or not. 1-2 months from the filing date.
• Substantive Examination:
The applicant should file a request of substantive examination within the prescribed period. Otherwise, the application would be deemed withdrawn. Any time within three (3)
years from the filing date.
• Office Action:
TIPO examiner will issue a first office action when he (she) finds any ground for negating the invention for patent application. The applicant should reply to the office action within 3 months from the issuance of the office action. The first office will be issued within 12 to 18 months from undergoing. the substantive examination.
• Payment of Certificate Fee and First Annuity Fee:
The applicant should pay the certificate fee and at least first annuity fee within a prescribed period from issuance of notice of allowance. Three (3) months from issuance of the notice of allowance.
Requirements for a Patent Application in Taiwan:
The “bare minimum” documents to initiate a patent application process are:
1. The specification with an abstract and claims, and drawings by fax or by email (preferably in English or Japanese, if not, the TIPO may request an English version of the specification and the drawings).
2. The applicant’s name and address. If the applicant is a company, the company name and company address, and the representative’s name in both English (in print) and Chinese (if any) are required.
3. The inventor’s name and nationality (if different from the applicant).
4. The applicant should specify whether to file a request for a substantive examination for an Invention patent application at the time of filing. The request of substantive examination has to be filed in 3 years from the filing date.
5. The applicant should specify whether to claim priority based on its
corresponding application(s) in home or any other countries at the time of filing.
The necessary documents may be supplemented up to the TIPO after the filing date if they cannot be submitted at the initial filing stage in Taiwan:
1. One photocopy of executed simply signed Power of Attorney, which can be submitted up to the TIPO within FOUR months (TWO months for a UM application), where an extension of supplementing time of further 2 months may be requested.
2. Certified Priority Document if the priority is claimed, which can be submitted up to the TIPO within sixteen (16) months after the earliest priority date after filing; An extension of supplementing time of further 2 months may be requested. Please send us a copy of the front page of the priority document by fax or e-mail for filing the request of time extension.
3. Filing date and filing number of the corresponding application in home or any other countries no matter whether priority is claimed or not.
4. Chinese translation of the specification and drawings. In addition, below the. abstract of the specification in the Chinese specification, a most characteristic drawing (the one to be laid open with the Abstract when the. patent application is published) should be designated with the indication of the main numerals of each element. An extension of supplementing time of further 2 months may be requested.
5. A complete list of reference characters for all drawings is required as well.
6. Special requirement to the claims: a multiple dependent claim shall not serve as a basis for any other multiple dependent claims according to the practice in Taiwan.
1. If claiming priority, the new invention/ utility model patent application must be filed in Taiwan within 12 months and within 6 months for design applications from the filing date of the earliest corresponding prior application in home or other countries.
2. As Taiwan has become a WTO member since January 1st, 2002, applications from WTO member countries may claim priority in Taiwan.
3. Priorities based on China patent, trademark and plant variety applications have been accepted from November 22, 2010 as long as the earliest application in China was filed on or after September 12, 2010.
4. Although Taiwan is not a member of PCT, an applicant and his first application in WTO member country can claim priority in Taiwan.
Examination: The request can be filed within three (3) years after the filing date.
Translation: The translation of Chinese specification can be submitted within six (6) months after the filing date.
Note: Taiwan’s Patent Law does not permit multiple dependent claims directly or indirectly dependent on other multiple dependent claims.
Duration of patent invention:
20 years from the filing date of the application.
Patent term of the three patents:
Invention patent - 20 years
Utility model patent - 10 years
Design patent - 12 years
Trademark Law in Taiwan:
Legal basis is the Trademark Act, last amendment on November 30, 2016 and effective on December 15, 2016.
Trademark protection is obtained by registration.
Taiwan follows the first-to-file system.
Nice classification, 11th edition. In addition, there are national subclasses. Multiple-class applications are possible.
Requirements for a Trademark Application in one International Class in Taiwan:
1. Detailed description of goods or services to be covered.
2. A simply signed Power of Attorney. In this regard, no hard copy will be required. The original POA can be supplemented after filing within 1-2 months when receiving official notice.
3. Please send us the electronic file of the trademark logo by e-mail.
4. Name and address of the applicant and name of the representative thereof in print (if it is filed in the name of a Company).
5. Chinese characters for filing particulars of applicant and the representative, if any.
6. Certified copy of the priority document (If necessary)
Trademark Registration Procedure in Taiwan:
The application is filed at the Intellectual Property Office.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The trademark registration will be published in the official gazette.
* From 6-12 months examination in average.
* After approval, the applicant needs to pay the registration fees.
* After receiving registration fees, the trademark will be public and issue the trademark certificate. In the meantime, the trademark go in to three-month opposition period.
National Opposition Period
The opposition period is 3 months from the publication date of the registration.
The processing time from first filing to registration or first office action is approx. 12 to 14 months.
1. As Taiwan has become a WTO member since January 1st, 2002, applications from WTO member countries may claim priority in Taiwan.
2. Priorities based on China patent, trademark and plant variety applications have been accepted from November 22, 2010 as long as the earliest application in China was filed on or after September 12, 2010.
3. The request of the priority claim will be rejected if the trademark logo to be filed in Taiwan is not the same as that in the corresponding trademark application for the priority claim.
4. The priority claim only allows for the goods/ services which are within the scope of the parent application. If the scope of designated goods/services is larger than that in the corresponding parent application, the additional part of the goods/ services should be listed separately in the. application form and this additional part shall have no priority right.
5. The certified copy of the parent application can be supplemented after filing within 3 months from the filing date.
Duration of A Trademark:
10 years from the date of registration. Renewal of the duration period of the right to exclusive use can be made within 6 months before the expiration of the existing period. There will be a six-month grace period after the expiry date; however, extra fees will be occurred.