Taiwan Patent System

  • Patent Application
【Types of Patent】
  1. Invention Patent
  2. Utility Model Patent
  3. Design Patent
【Required Information】

Applicant’s name, nationality, address and representative; inventor’s name and nationality; priority country, date and application number

【Required Documents】
  1. Invention Patent – Foreign language (English or Japanese, etc.) Specification , Abstract, Claims, plus any Drawings
  2. Utility Model Patent – Foreign language (English or Japanese, etc.) Specification ,Abstract, Claims and Drawings
  3. Design Patent – Foreign language (English or Japanese, etc.) Specification and Drawings
  4. The corresponding Chinese translation of the foreign language *
  5. Power of Attorney *
  6. 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】
  1. Invention Patent – Request for examination (can be filed at the same time of filing or within 3 year from the filing date) 
  2. Utility Model Patent – Formality examination
  3. Design Patent – Automatic examination
【Examination Period】
  1. 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
  2. Utility Model Patent– about 4 to 6 months
  3. 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 】
  1. Invention Patent –  Starting from the publication date, valid for 20 years from the filing date
  2. Utility Model – Starting from the publication date, valid for 10 years from the filing date
  3. 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

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