Patent Application Encyclopedia

ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.

2 years

The novelty of the invention will not be lost if the information about the invention is disclosed within 6 months before the filing date or the priority date if the following conditions are met:

• Disclosure due to apparent misuse by the applicant or its predecessor owners
• The invention is disclosed at an official or officially recognized international exhibition

Reinstatement of priority on grounds of "due care" accepted.

3-5 years

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.

INPI only conducts formality examination of utility model patent applications, and does not conduct search and substantive examination. However, in case of litigation, a search report needs to be submitted.

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.

no

• Licensing Fee: None.
• Annual Fee: A renewal fee is payable every 5 years. The payment of the annual fee can be postponed within a grace period of 6 months after the due date at the latest, but a 50% late fee will be charged at the same time.

Reinstatement of priority is accepted on grounds of "due care."

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 20 months from the earliest priority date.
• Validation of European Patent in EPO member states: within 3 months from the date of granted of the European invention.

*Luxembourg is one of the only countries in the world that still retain Chapter I for 20 months to enter the national phase (the other is Tanzania). If it takes 30 months to enter the national phase, a request for international preliminary examination must be submitted.

Multiple variant designs may be included in one application if the designs relate to the same object and differ only in minor features, or can be identified as a set of goods and have a single design concept.

11 months. If an expedited request is made, granted can be obtained in about 3-4 months.

• Grant fee: The applicant shall pay the annual fee of the granted year at the same time after receiving the granted notice.
• Annuity: payable year by year from the first year onwards from the application date.

10 years

via Paris Convention : 6 months from earliest priority date.

no

1 year