Ten Frequently Asked Questions about Patent Applications in Taiwan, China (1)

Ten Frequently Asked Questions about Patent Applications in Taiwan, China (1)

1. What are the restrictions on patent annuity fee reduction and exemption in Taiwan, China? Do I need to apply to get a reduction?

Answer: For natural persons, schools and other enterprises with specific qualifications as patent applicants, the relevant regulations on annual fee reduction and exemption according to Taiwan Patent Law are as follows:

• If the patentee is a foreign school, or a small and medium-sized enterprise in Taiwan or a foreign country, the patentee may submit a request for fee reduction and have the annual patent fee reduced. If the patentee is a natural person or a school in Taiwan, China, there is no need to submit a request for fee reduction. TIPO will directly reduce the patent annual fee. The reduced patent annual fees are as follows:
  • The annual fee for years 1-3 is reduced by NT$800 (approximately RMB 180.5) each year.
  • The annual fee for the 4th to 6th years is reduced by NT$1,200 (approximately RMB 270.8) per year.
• If the patentee is a natural person and is unable to pay the patent annual fee, he or she must apply to TIPO for exemption from the patent annual fee every year;
• If one of the two or more patentees is not eligible for exemption, he will not be able to enjoy the conditions and must pay the annual fee in full.

2. When applying for a patent, there is a typographical error in the inventor’s name in the application form. How should I correct it?

• If the inventor is wrong due to a typing error, a declaration form for changes in the patent application description must be attached to explain the reasons, such as: the agent accidentally filled in the wrong inventor information, failed to fill in the information according to the applicant's instructions, or the applicant did not provide complete information. etc. At the same time, attach relevant supporting documents, such as the applicant's original entrustment information, correspondence emails between the applicant and the agent, documents proving the right to apply, employment certificate, etc., and pay a change fee of NT$300 (approximately RMB). 67.7 yuan or so) to change the name of the inventor.

3. If the applicant is dissatisfied with the "denial of preliminary patent examination", what kind of relief should be given? After the application is re-examined, how long does it take to complete the supplementary and correction procedures? Can I apply for an extension?

• If you are dissatisfied with the "denial of preliminary patent examination and approval", you may submit a re-examination request to TIPO within 2 months of receiving the approval letter.
  Re-examination request documents include: re-examination request letter and opinion statement. If the applicant only submits a request for re-application, TIPO will notify the applicant to make a supplementary statement of opinions within 4 months from the date of issuance. If the applicant is unable to complete the supplements and corrections within the specified period, TIPO must submit an extension request before the expiration of the specified period. It also explains the reasons. In principle, TIPO will allow a two-month extension. If no correction is made within the time limit, the request for re-examination will not be accepted. If a supplementary correction is made before the notice of rejection is served and the procedures are complete, TIPO will still accept the request for re-examination.

4. How can I check the progress of patent application review, payment and document copying and review?

• For patent applications or patent cases that have been published or authorized to be announced, anyone can inquire on the TIPO Patent Disclosure Information Network, the URL is: Patent Disclosure Information Inquiry-Home Page (tipo.gov.tw).
• For unpublished patent applications, if the applicant has an electronic website account, he or she can inquire on the TIPO electronic application website at: Intellectual Property Office (tipo.gov.tw).
• In addition, the applicant can also send a letter to inquire about the progress of the case review, or contact the examiner to inquire about the progress of the patent application through the examiner's phone number listed in the official TIPO document; you can also call 886-2-8176-9009 to check the progress.
• Online payment inquiries can be made through e-Netcom at: Intellectual Property Bureau (tipo.gov.tw).
• For paper payment inquiries, you can call the examiner or the TIPO service consultation hotline to check the payment progress of the relevant case.
• The progress of document copying and review can be checked by calling the examiner or the TIPO service consultation phone number.

5. The applicant files a patent application and claims priority for the PCT application. How should the country that accepts the patent application be filled in in the request form? What are the restrictions?

• In this case, the patent application request form can be filled in WO or World Intellectual Property Organization.
• The applicant applies for a patent for the first time in a WTO member country or a country that mutually recognizes priority rights with Taiwan, China, for the same invention, and within 12 months from the date of the first foreign patent application (invention and utility model), (appearance) If you apply for a patent in Taiwan, China within 6 months for a design, you can claim international priority and within the legal period (within 6 months from the earliest priority date for invention and utility model patent applications, and within 6 months from the earliest priority date for appearance designs). Within 10 months from the date of application) submit the original application documents accepted by foreign countries or WTO member countries.

6. If the patent applicant is a foreign company, does it need to submit relevant supporting documents?

• In principle, if the patent applicant is a foreign company, there is no need to submit any supporting documents. In principle, TIPO will judge the applicant based on his or her name. If the name is not enough to determine that the applicant is a legal person, a notice will be issued requiring the applicant to submit legal person certification documents, or the applicant and the applicant's agent will be required to submit a statement of legal basis for the establishment of the legal person organization.

7. How to apply for an electronic patent certificate? How to download the electronic patent certificate?

• When applying for patent application authorization, reissuance and replacement of patent certificates, patent rights transfer, inheritance, trust registration, etc., the applicant must fill in the certificate form column of the request letter as: electronic certificate. You can only choose one of the two: electronic certificates and paper certificates.
  There are two ways to download the patent electronic certificate:
  • E-set download method: Users who have an eNetcom account and have agreed to deliver the electronic certificate can log in to E-set, select "Electronic Documents" to sign and download the PDF version of the patent authorization announcement and patent certificate.
  • Specific website download method: Non-eNetcom users or eNetcom users who have not agreed to electronic delivery can download the certificate from a specific website. The specific URL and download information will be sent to the applicant along with the authorization announcement. According to the URL and download code recorded in the attachment, the applicant can download the electronic patent certificate of the single patent application on the specific web page within the time limit. There is no need to log in with an eNetcom account. No specific software is required to read it either.

8. When can a patent prosecution highway PPH request be submitted for an invention patent application? Is it possible to request the Patent Prosecution Highway (PPH) while filing for substantive examination?

• Since after the applicant submits the substantive examination of the invention patent application, TIPO must complete the formal examination of the relevant procedures and confirm that the patent application meets the application requirements before the patent application can enter the substantive examination stage. Therefore, the applicant must complete the formal examination after receiving the entry from TIPO. A PPH request can only be made after the substantive examination notice is issued and the first examination action notice has not yet been issued for the patent application. PPH submitted in violation of time regulations will not be accepted, and the patent application will still be examined in the order of the original application.

9. Can I pay the patent annual fee online if the patent application is not filed electronically?

• Regardless of whether the patent application is submitted on paper or electronically, the applicant/agent can register as an eNetcom member and obtain an electronic account, upload the certificate at the same time, and pay the patent annual fee online. The specific operation method is:
  • Log in to https://tiponet.tipo.gov.tw, click [Pay] => [Online patent annual fee payment function], you can check and check the cases where patent annual fees are payable, and there is no need to attach a separate paper application. Pay the annual fee, and you can choose to use [agreed account deduction], [eATM] or credit card to pay.
  • You can also click [NEW! New version of official fee online payment] You can go to the homepage of the new version of TIPO system to check the fees to be paid, and pay online directly through various payment methods.

10. When applying for a patent, there is no declaration of double applications. Can I submit a supplementary declaration of double applications after application?

• According to the relevant provisions of Article 32 of the Taiwan Patent Law, if a person applies for an invention patent and a utility model patent on the same creation on the same day, the applicant should declare separately at the time of application that both the utility model patent application and the invention patent application request form A field for two applications in one case is also provided. Therefore, applicants must declare separately when applying for a patent. If both patent applications do not have double applications checked, and one of the patent applications does not check the box, no additional declaration shall be made after the application.