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Taiwan Patent System
- Patent Application
【Types of Patent】
- Invention Patent
- Utility Model Patent
- Design Patent
【Required Information】
Applicant’s name, nationality, address and representative; inventor’s name and nationality; priority country, date and application number
【Required Documents】
- Invention Patent – Foreign language (English or Japanese, etc.) Specification , Abstract, Claims, plus any Drawings
- Utility Model Patent – Foreign language (English or Japanese, etc.) Specification ,Abstract, Claims and Drawings
- Design Patent – Foreign language (English or Japanese, etc.) Specification and Drawings
- The corresponding Chinese translation of the foreign language *
- Power of Attorney *
- Priority document **
*can be filed within 4 months from the filing date (extensible to 6 months maximum)
**can be filed within 16 months for invention and utility model (or 10 months for design) from the earliest priority date (non-extendable)
- Examination
【Examination】
- Invention Patent – Request for examination (can be filed at the same time of filing or within 3 year from the filing date)
- Utility Model Patent – Formality examination
- Design Patent – Automatic examination
【Examination Period】
- Invention Patent – about 12 to 24 months depending on the technical field of the patent application. If necessary, AEP or PPH request can be filed to expedite the examination
- Utility Model Patent– about 4 to 6 months
- Design Patent– about 6 to 10 months
【Invalidation 】
After the publication of the Patent
【Patent Marking 】
The patent certificate number shall be marked on the patented article. Where no patent marking is made, evidence shall be produced when claiming damages to prove that the infringer knows or has a reason to know that the said article is under patent protection
- Term of Patent
【Term of Patent 】
- Invention Patent – Starting from the publication date, valid for 20 years from the filing date
- Utility Model – Starting from the publication date, valid for 10 years from the filing date
- Design – Starting from the publication date, valid for 15 years from the filing date
【Annuity Payment】
The patent application shall be published upon payment by the Applicant for the issue fee and first annuity within three (3) months after the service of Notice of Allowance, and a patent right is granted from the date of publication. The 2nd year annuity onward is to be paid on or before each anniversary of the publication date, with a grace period of six months if the annuity is not paid by the due date. If the patentee has unintentionally failed to pay a patent annuity within the grace period, the patentee may apply for reinstatement of the patent rights within one year from the due date of the grace period by paying triple the amount of patent annuity
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】
- Foreign language (English or Japanese, etc.) specification, claims, plus any necessary drawings
- Chinese specification, abstract, claims, plus any necessary drawings
- Power of Attorney, simply signed by the applicant or representative thereof
- Certified copy of the basic application, if priority is to be claimed
【Particulars】
- Name, address and nationality of the applicant
- Name and nationality of the inventor
- Name and title of the person signing the power of attorney on behalf of the corporate applicant
- Name of the country in which the basic application was filed, and its filing date and number, if priority is to be claimed
【Priority】
- 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
- 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
- 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
- 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
- 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
Taiwan Patent
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