Taiwan Patent
Invention Patent
- Any new process, machine, manufacture, or composition of matter, or any novel and useful improvement thereof
- Substantive examination by request within 3 years from filing date
- Average time of examination: 8 – 18 months
- 20 years from the application filing date
- Filing fee: USD 655 !
Utility Models
- Creation of technical ideas relating to the shape or structure of an article or combination of articles
- Formality examination
- Average time of examination: 1 – 2 months
- 10 years from the application filing date
- Filing fee: USD 640 !
Design Patent
- Creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal
- Substantive examination
- Average time of examination: 6 – 10 months
- 15 years from the application filing date
- Filing fee: USD 540 !
Key Facts
Claim limitation on patents
Invention Patent and Utility Models:
Basic filing fee covers up to 10 claims; additional claim fees will be applied for each claim, in excess of 10.
Design Patent:
One design in an application. Multiple designs in an application is not allowed.
Grace period for disclosureBasic filing fee covers up to 10 claims; additional claim fees will be applied for each claim, in excess of 10.
Design Patent:
One design in an application. Multiple designs in an application is not allowed.
A patent application would be considered as not having patentability if its claimed invention has been disclosed before it is filed. However, the Taiwan Patent Act provides a grace period for disclosure in which the disclosure of a claimed invention would be determined as not affecting patentability during such period of time.
For Invention patent and Utility model, the grace period is 12 months from the date of earliest disclosure to the filing date; while, for Design patent, the grace period is 6 months.
Maintaining patent rightsFor Invention patent and Utility model, the grace period is 12 months from the date of earliest disclosure to the filing date; while, for Design patent, the grace period is 6 months.
After a patent (Invention patent/Utility models/Design patent) has been granted, an annuity fee must be paid on every anniversary of the application filing date for keeping the patent in force
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FAQ
What do I need to file a patent application in Taiwan?
Following documents are required for filing an application in Taiwan:
- Executed Power of Attorney (electronic copy will suffice)
- Certified copy of priority application (electronic copy will suffice), if priority is claimed
- Specification
- Drawings (necessary for design patent application)
Rest assured that we will help to prepare the documents and make sure all the necessary documents are in good order to avoid any formality rejection.
Can a patent specification in languages other than Chinese be accepted/submitted in Taiwan?
Yes, the Taiwan Intellectual Property Office (TIPO) accepts specification and/or drawings written in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. However, it is necessary to submit a Chinese translation thereof within 4 months from filing date or the application will be abandoned.
No worries, you could just provide us the specifications and/or drawings in the above-mentioned languages and we could do the translation at a competitive fee for you.
How long does it take for a patent application to be granted?
Invention patent:
- It depends on fields of technology and timing of filing a request for Substantive Examination. Generally, an examination will take approximately 12 – 24 months to be completed after the request of Substantive Examination is filed.
- As Utility Model applications are subject to formality examination, it takes approximately 2 – 4 months from filing to granting.
- For Design patent application, it takes approximately 6 – 12 months for the substantive examination to be completed.
What are the differences between Utility Models and Invention patents?
The main differences between Utility Models and Invention patents are the following:
Subject matter:
- In Taiwan, Utility Model protection can only be applied for creation/invention of technical ideas relating to the shape or structure of an article or combination of articles, such as mechanical devices and apparatus. In other words, a process or method is not eligible for applying Utility Model in Taiwan.
- On the contrary, Invention patent application covers a broader scope of subject matter - any new process, machine, manufacture, or composition of matter, or any novel and useful improvement thereof, is eligible for application.
- As the technology field of Utility Model is generally elementary, applications of Utility Model in Taiwan are subject to formality examination only.
- The Invention patent applications, by contrast, are substantively examined and can only be granted if they meet the requirement on novelty, inventive step or non-obviousness, capability of industrial application.
- Unlike the Invention patent which undergoes substantive examination and is granted a protection term of 20 years, the term of protection of a Utility Model is 10 years.
- Since Utility Model application is not substantively examined, the registration process is simpler and faster than Invention patent application.
- Unlike Invention patent which is substantively examined and has larger enforcement strength, the Utility Model right can often be challenged by any third party. However, such condition can be improved if a technical evaluation report from the Taiwan Intellectual Property Office (TIPO) is presented.
We could assist on developing a patent strategy – such as how to effectively plan out patent application and enforce these intellectual properties – exclusively for you. Contact us to know more!
Can I accelerate the examination for my application?
Yes, the examination can be accelerated either through the Patent Prosecution Highway (PPH) program or the Accelerated Examination program (AEP).
To request for AEP, it is necessary to meet one of the following conditions:
To request for AEP, it is necessary to meet one of the following conditions:
- The corresponding application has been approved by a foreign patent authority under substantive examination
- The EPO, JPO or USPTO has issued an OA or search report to the corresponding application
- The invention application is essential to commercial exploitation
- The inventions are related to green technologies
We could assist to determine which route for accelerating the examination suits you the best. Feel free to contact us for details!
I have filed a Patent Cooperation Treaty (PCT) application, can it be filed as a national phase entry application in Taiwan?
No, as Taiwan is not a member to the PCT, the PCT application cannot be filed as a national phase entry application and the 30/32-months’ time limit of national phase entry is not applicable.
Can I claim priority of a PCT application when filing a patent application in Taiwan?
Yes. Although Taiwan is not a party to the PCT, it is a member of the World Trade Organization (WTO). Hence, the priority of a PCT application filed in WTO member states can be claimed for applications in Taiwan. However, the time limit for claiming such priority is 12 months from the filing date of priority application.
How long can a patent protection last?
- Invention patent: 20 years from application filing date
- Utility Models: 10 years from application filing date
- Design patent: 15 years from application filing date
Do I need a patent attorney to file my patent application?
Yes. For foreign applicant, it is mandatory to designate a qualified patent attorney to file patent applications.
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fee for requesting Substantive Examination (SE)
service fee waived if request for SE filed simultaneously