Patents in Taiwan

Taiwan Intellectual Property Office (TIPO) of the Ministry of Economic Affairs is responsible for handling intellectual property rights and related affairs in Taiwan.

Questions:

1.What types of patents are provided in Taiwan?
2.What is the language required in filing a patent application in Taiwan?
3.What is the time limit of filing Chinese Translation of a patent application in Taiwan?
4. How to claim the conventional right of priority for the same invention in Taiwan?
5. What documents are required for filing a patent application in Taiwan?

Answers:

Question 1: What types of patents are provided in Taiwan?
Answer: There are three types of patent in Taiwan: Invention, Utility Model and Design. The protection terms are 20 years, 10 years and 12 years respectively.

Question 2: What is the language required in filing a patent application in Taiwan?
Answer: Traditional Chinese. The application documents should be printed in Traditional Chinese characters in black, on national standardized A4 paper.

Question 3: What is the time limit of filing Chinese Translation of a patent application in Taiwan?
Answer: Two copies of the Chinese translation of the application as filed should be filed with Taiwan Patent Office within three months from the filing date. Upon request, a three-month extension can be obtained.

Question 4: How to claim the conventional priority right for the same invention in Taiwan?
Answer: An applicant first filed a patent application in a member of WTO or a country that recognizes the right of priority with Taiwan each other can claim the right of priority for the same invention within 12 months (6 months for a design) from the date on which the applicant first filed the patent application in the member of WTO or the country.

For a patent application claiming priority, when filing for patent, the applicant shall simultaneously file a statement and declare in the application the filing date and the application number of the corresponding foreign application as well as the foreign country in which the same application was filed. The certified documents from the foreign government in which the application was filed shall be submitted within four months from the filing date.

Question 5: What documents are required for filing a patent application in Taiwan?
Answer:
  • Specification and drawings in duplicate;
  • An original Oath executed by the inventor(s);
  • An original Assignment executed by the inventor(s) if the applicant is not the inventor himself;
  • Power of Attorney;
  • A certified copy of the corresponding patent application, if applicable.
Source: Taiwan Intellectual Property Office (TIPO)

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