A new invention patent is granted for 20 years from the filing date,
a new Utility Model 10 years, while a new design 12 years.
to File System)
The first application will be granted for patent.
If published, put to public use or known to the public anywhere
in the world before Taiwanese filing date or its priority date,
an invention, Utility Model or design will be deemed as losing novelty.
An applicant may claim priority based on filing date of the first
application in foreign countries if his country allows Taiwanese
(R.O.C.) residents and companies to claim priority based on reciprocity
or if the country is a member of WTO.
*** Currently, applicants from all the members of the WTO may claim
a. For the Invention patent application: The applicant or any third
party may request with the Taiwan Intellectual Property Office (TIPO)
for substantive examination within three years counting from the
filing date. Failing of requesting of substantive examination within
the prescribed period will cause the application lapsed.
b. For the Utility Model application: Taiwan Intellectual Property
Office (TIPO) adopts the registration system and make only formality
c. For the Design application: Taiwan Intellectual Property Office
(TIPO) automatically makes substantive examination for each application.
a. It generally takes 24-36 months (depending category of the invention)
that the TIPO patent Examiners complete substantive examination
for an Invention patent application.
b. It generally takes about 6 months that the TIPO patent Examiners
complete formality examination for a UM application.
c. It generally takes about one year for the TIPO patent Examiners
complete substantive examination for a Design application.
a. The content of all Invention patent applications will be open/published
on the Patent Gazette after eighteen months counting from next date
of the filing date or priority date.
b. The invention, design and utility model applications will be
published when they are granted and issued.
Any interested party may file invalidation to a patent, UM and Design
which has been issued and published.
TIPO issues Letters Patent/Registration Certificate when an application
has been granted and the Issue Fee/Registration Fee has been paid.
No opposition procedure is available under current Patent Law.