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Patent Filing in Taiwan

Taiwan is not a member of both PCT and Paris Convention. However, according to Article 27 of its Patent Act, Taiwan recognizes priority claims from contracting members

Term of patent: 20 years from the date of filing Patent Office: Chinese Taipei Intellectual Property Office

 

Paradigm to obtain a patent in Taiwan:-
  • Filing of patent application
  • Preliminary examination
  • Publication of the application after 18 months from the filing date or first priority date.
  • Examination can be requested at any time within three years from the date of filing.
  • Compliance with the examiners office action
  • Acceptance (Notice of Allowance) or rejection.
  • There is no maintenance fee before a patent application is allowed through substantive examination. The first year annuity should be paid together with the patent certificate fee to obtain the patent certificate.
Documents required for filing of Patent Application in Taiwan
  • complete specification
  • formal drawing, if any
  • certified copy of the priority document
  • An executed Assignment signed by the inventors if the inventors are not applicants
  • Certified Copy of Priority Document, if any priority is to be claimed
  • Power of Attorney signed by the representative of the applicant
  • Assignment if applicant is different from inventor
Remarks:
  • The date on which the Chinese translations are submitted shall be taken as the filing date of the application, provided that the submission of Chinese translations has been made before an administrative measure is taken
  • As to the certified copy of priority document, three months is allowed within three months from the filing date, and if failing to submit it by the due date, the claimed priority will invalid
  • All the member states of WTO can claim patent priority in Taiwan, except People's except Republic of China. Please note that for Invention and