Guide for Patent Application Process Introduction for Taiwan, China

Patent Trademark

Taiwan Profile

Taiwan, China is an island located in East Asia and the northwest side of the Pacific Ocean. It is located between the Ryukyu Islands and the Philippine Islands. It faces the mainland of China across the Taiwan Strait to the west. The distance between the straits is about 130 kilometers. The surrounding waters move clRead more

Taiwan Profile

Taiwan, China is an island located in East Asia and the northwest side of the Pacific Ocean. It is located between the Ryukyu Islands and the Philippine Islands. It faces the mainland of China across the Taiwan Strait to the west. The distance between the straits is about 130 kilometers. The surrounding waters move clockwise from the direction of 3 o'clock. The order is the Pacific Ocean (Philippine Sea), the Bashi Channel, the South China Sea, the Taiwan Strait, and the East China Sea. With an area of about 36,000 square kilometers, it ranks 38th in the current ranking of islands in the world. The whole island is run through by the Tropic of Cancer. The climate is hot and the summer is long. It is between the tropics and the subtropics. To the north of the Tropic of Cancer is a subtropical monsoon climate, and to the south is a tropical monsoon climate. The natural landscape and ecosystem resources are rich and diverse.

Taiwan Intellectual Property Legal System

  • "Patent Law"
  • "trademark law"
  • Copyright Act
  • Trade Secrets Act
  • "Semiconductor Integrated Circuit Layout Design Act"
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Filing Language
Chinese

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

TIPO

English: Taiwan Intellectual Property Office, Ministry of Economic Affairs, R.O.C, abbreviation: TIPO

Website: www.tipo.gov.tw

Taiwan Patent Search: Republic of China Patent Information Search System (tipo.gov.tw)

Filing Language: Traditional Chinese

via Paris Convention 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawings

Attachments: (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Translation thereof 
  3. Viability Statement of Microorganism and Translation thereof
  4. Certified Priority Document
  5. Translation of Cover Sheet of Certified Priority Document
  6. Power of attorney
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review

On November 22, 2010, CNIPA began to implement the "Several Provisions on Patent Applications for Taiwan Compatriots", which stipulates that both parties agree to confirm the validity of the first application date of the other party's patents, trademarks and variety rights in accordance with their respective regulations, and actively promote the making of corresponding arrangements to protect the priority rights and interests of people on both sides of the strait.

20 years

Paris Convention: 12 months from earliest priority date.

Taiwan is not a signatory to the Paris Convention and the Patent Cooperation Treaty. After Taiwan's accession to the WTO, the issue of priority protection for international applications was resolved. Priority may be claimed within 12 months from the priority date if the foreign application was filed in a WTO member state. If the foreign applicant is not a citizen of a WTO member state, but has an office or residence in a WTO member state, he can also claim priority in Taiwan. After the patent application is submitted, TIPO conducts formality examination and substantive examination of the patent application. The formality examination does not conform to the prescribed procedures and there is nothing that should not be disclosed, and it will be published 18 months after the filing date. Within 3 years after the date of application for a patent for invention, anyone can apply for substantive examination and enter the stage of substantive examination. After the invention patent application has passed the substantive examination, the patent granted can be obtained.

If the invention is disclosed intentionally or unintentionally by the applicant, or the disclosure is made with or without the consent of the applicant, a 12-month novelty grace period may be enjoyed.

2 years

  • Grant fee: Within 3 months after receipt of the notification of grant (no extension) and pay the annnuity due in the year of grant at the same time.
  • Annuity: The annuity is calculated from the 1st year, and the annuity should be paid within 3 months after receipt of the notification of grant. The deadline for subsequent annuity is the day before the announcement date of each year. If the annuity is overdue, the payment can be postponed within the grace period of 6 months, and penalty should be paid at the same time.

No

No

Name of Patent Office

TIPO

English: Taiwan Intellectual Property Office, Ministry of Economic Affairs, R.O.C, abbreviation: TIPO

Website: www.tipo.gov.tw

Taiwan Patent Search: Republic of China Patent Information Search System (tipo.gov.tw)

Filing Language: Traditional Chinese

via Paris Convention 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawings

Attachments: (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Translation thereof
  3. Viability Statement of Microorganism and Translation thereof
  4. Power of attorney
  5. Certified Priority Document
  6. Translation of Cover Sheet of Certified Priority Document
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer
  9. Notification issued by CNIPA notify the applicant the application has passed through the security review

On November 22, 2010, CNIPA began to implement the "Several Provisions on Patent Applications for Taiwan Compatriots", which stipulates that both parties agree to confirm the validity of the first application date of the other party's patents, trademarks and variety rights in accordance with their respective regulations, and Actively promote the making of corresponding arrangements to protect the priority rights and interests of people on both sides of the strait.

15 years

Paris Convention: 12 months from earliest priority date.

TIPO only conducts formality examination of utility model patent applications, and can quickly obtain grant by judging whether the formal requirements are met according to the description and drawings. Anyone can obtain the patentability report of the utility model application after granted. 

If the invention is disclosed intentionally or unintentionally by the applicant, or the disclosure is made with or without the consent of the applicant, a 12-month novelty grace period may be enjoyed.

  • Grant fee: Pay the official fee within 3 months after receipt of the notification of grant (no extension possible).
  • Annuity: The annuity is calculated from 1st year, and the annuity should be paid within 3 months after receipt of the notification of grant. The deadline for subsequent annuity is the day before the announcement date of each year. If the annuity is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.

3-6 months

No

No

Name of Patent Office

TIPO

English: Taiwan Intellectual Property Office, Ministry of Economic Affairs, R.O.C, abbreviation: TIPO

Website: www.tipo.gov.tw

Taiwan Patent Search: Republic of China Patent Information Search System (tipo.gov.tw)

Filing language: Traditional Chinese

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Certified Priority Document
  2. Power of Attorney
  3. Translation of Cover Sheet of Certified Priority Document
  4. Declaration of Ownership/Certification of Employment/Assignment of priority
  5. Assignment for Patent Right Transfer

On November 22, 2010, CNIPA began to implement the "Several Provisions on Patent Applications for Taiwan Compatriots", which stipulates that both parties agree to confirm the validity of the first application date of the other party's patents, trademarks and variety rights in accordance with their respective regulations, and Actively promote the making of corresponding arrangements to protect the priority rights and interests of people on both sides of the strait.

15 years

Paris Convention: 6 months from earliest priority date.

TIPO conducts formality examination and substantive examination for design patent applications, and the request for substantive examination must be filed within 3 years from the filing date/priority date.

A 12-month novelty grace period is available if:

  • Disclosure of designs at exhibitions held or recognized by Taiwan authorities

  • Disclosure of without the Applicant's Consent

    The design application shall be submitted to TIPO within 6 months after the above disclosure and the corresponding evidence submitted.

  • Grant fee: The official fee must be paid within 3 months after receipt of the notification of grant, and the annuity must be paid at the same time.
  • Annuity: The annuity shall be paid year by year from the 1st year from the filing date, and the subsequent annuity shall be paid on the day before the announcement date of each payment year. If the annuity is overdue, the payment can be postponed within a grace period of 6 months, but a panelty will be charged.

6 months

No

No

No

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