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.
6 months
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.
- Grant fee: Pay the granted official fee within 3 months after receiving the granted notice (no extension possible).
- Annuity: The annual fee is calculated from the first year, and the annual fee should be paid within 3 months after receiving the granted notice. The payment deadline for subsequent annual fees is the day before the announcement date of each year. If the annual fee is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.
15 years
no
- Grant fee: The granting official fee must be paid within 3 months after receiving the granted notification from the Patent Office, and the annual fee for the year of granted must be paid at the same time.
- Annuity: The annual fee shall be paid year by year from the first year since the filing date, and the subsequent annual fee shall be paid on the day before the announcement date of each payment year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a late fee will be charged.
Filing Language: Traditional Chinese
Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Certified Priority Document
- Power of Attorney
- Certified Priority Document
- Translation of the first page of the priority certificate
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
On November 22, 2010, the State Intellectual Property Office of China 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.
via Paris Convention : 12 months from earliest priority date.
no
15 years