Taiwan Patent Filing Information

  • Formality
【Effective filing date】

 An effective filing date may be obtained by filing an application form filled with the required particulars, and the specification, claims, plus any necessary drawings

【Documents】
  1. Foreign language (English or Japanese, etc.) specification, claims, plus any necessary drawings
  2. Chinese specification, abstract, claims, plus any necessary drawings
  3. Power of Attorney, simply signed by the applicant or representative thereof
  4. Certified copy of the basic application, if priority is to be claimed
【Particulars】
  1. Name, address and nationality of the applicant
  2. Name and nationality of the inventor
  3. Name and title of the person signing the power of attorney on behalf of the corporate applicant
  4. Name of the country in which the basic application was filed, and its filing date and number, if priority is to be claimed
【Priority】
  1. Priority must be claimed at the time of filing the patent application by indicating the name of the country in which the basic application was filed and its filing date, and the filing number of the priority case. The Certified Priority Document can be supplmented within 16 months for invention and utility model application (or within 10 months for design application) from the earliest priority date
  2. Foreign Applicant, who has filed his first basic patent application in a member of the WTO (World Trade Organization – which Taiwan joined on January 1, 2002) or in a foreign country which allows Taiwan nationals to claim priority based on reciprocity, may claim the priority of said basic application when filing a patent application for the same invention in Taiwan within 12 months for invention and utility model application (or within 6 months for design application) from the filing date of said basic application
  3. If the applicant files an international application based on a PCT (Patent Cooperation Treaty), EPC (European Patent Convention) or WIPO (World Intellectual Property Organization) application which is recognized as a qualified domestic application per the local law or regulation of the designated country, the applicant is also entitled to claim priority of said international application in Taiwan, within 12 months from the filing date of said international application
  • Late filing of documents and completion of formalities
  1. The Chinese Specification, Abstract, Claims, Formal Drawings, and Power of Attorney may be filed within four months from the filing date. This term can be extended up to a maximum of six months from the filing date of the application
  2. The Certified Priority Document MUST be filed within 16 months for invention and utility model application (or within 10 months for design patent application) from the earliest priority date and is NOT extensible. As this term is a statutory period, the priority claim may be deemed not to have been made if the Certified Priority Document is not submitted within the deadline
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