According to Article 28, Paragraph 2 of the Patent Act, when an applicant claiming foreign priority for its patent application filed in Taiwan, it may submit the certified priority document issued by the government of the foreign country within four (4) months from the filing date of its Taiwan patent application. Recently, in response to the announcement made by the United States Patent and Trademark Office (USPTO) that certified priority documents will be provided only as electronic files which are digitally signed by the USPTO for authenticity and integrity, the Taiwan Intellectual Property Office (TIPO) agreed to the following:
- If the certified electronic file is provided in the form of a compact disk (CD), its paper printout must accompany the same at time of submission; and
- If the certified electronic file is provided in the form other than compact disk (CD), its paper printout must accompany the same at time of submission, and the applicant should further attest that the electronic file is a true copy obtained from the USPTO. According to the above, if an applicant would like to file a Taiwan patent application by claiming a US priority, it may submit a certified priority document on a CD within four (4) months from the filing date. (Please note when sending the CD by mail, in order to avoid damage during transit, kindly try using a strong protective envelop or a CD box.)
Alternatively, if certified papers downloaded from the USPTO website are to be submitted, please remember to enclose a signed declaration attesting that said document is a true copy obtained from the USPTO website. Should you have any questions to the above, please do not hesitate to contact us.
