Which is the competent authority for invention patent applications in Taiwan, China

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.

TIPO only conducts formality examination of utility model patent applications, and can quickly obtain patent granted by judging whether the formal requirements are met according to the description and drawings. After the granted announcement, anyone can obtain the patent technical report of the utility model application.

via Paris Convention : 12 months from earliest priority date.

Bureau of Intellectual Property, Ministry of Economic Affairs

English: Taiwan Intellectual Property Office, Ministry of Economic Affairs, ROC, abbreviation: TIPO

Website: www.tipo.gov.tw

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

15 years

A 12-month novelty grace period is available if:

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

• Disclosure of Disclosures Without the Applicant's Consent

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

via Paris Convention : 6 months from earliest priority date.

no

2 years

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.