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PATENT PRACTICE IN TAIWAN
SUMMARY OF PATENT LAW AND PRACTICE:
(Terms)
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.

(First to File System) 
The first application will be granted for patent.

(Absolute Novelty Requirement)
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.

(Priority)
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 priority.

(Examination)
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 examination.

c. For the Design application: Taiwan Intellectual Property Office (TIPO) automatically makes substantive examination for each application.

(Period ofExamination)
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.

(Publication)
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.

(Invalidation)
Any interested party may file invalidation to a patent, UM and Design which has been issued and published.

(Issuing LettersPatent )
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.

 

MISSION INTERNATIONAL PATENT & TRADEMARK OFFICE
Address:3rd Floor, 69 Fu-Hsing N. Road, Taipei,Taiwan, R.O.C.
Tel:886-02-2751-3864(ext.40) Fax:886-02-2771-3863
e-mail:patent@mission.tw