Patent- Taiwan

Summary

There are 3 types of patents in Taiwan, i.e. Invention Patent, Utility Model and Design. The subject matter for Invention Patent are product, method for manufacturing products or method of usage etc. The subject matter for Utility Model are shape of products and structure of products etc., while Design protects appearance and patterns of a product.

Utility Model system in Taiwan adopts formality examination only, but Invention Patent and Design application adopts substantive examination. Patent applications must meet patentability requirements of novelty, inventive steps and industrial capability.

Any individual, judicial entity, organization, administrative units and university who own right to apply for patent can file patent applications. If the right to apply for patent is co-owned by more than one entity, the patent application shall be filed by all right owners.

Advantage

Increase product value, raise the market share and for sustainable development.
Prevent competitor entry into the market in order to keep monopoly of dominant market.
Protection invention and exclude other third party from using the same invention, and prevent other parties from copying result of Research and Development.
Sell or license the patent to others in order to receive patent right fees or royalties.

Application Procedure

Communicating technical contents: to first ascertain abstract and patent scope.
Prior art search: conduct relevant prior art search by engineering department.
Preparing specification and drawings: Drafting specification and making industrial drawings.
Review specification and drawings: the client checks whether specification and drawings comply with invention features.
Filing application with TIPO: the invention patent application will be published on 18 months from filing date, it takes about 2-3 years for TIPO to finish substantive examination. Utility Model adopts formality examination only and take around 4-6 months from filing to registration. Design patent will be substantially examined and the examination takes around 10-12 months.
Grating: After patent application is allowed, the issue fee and first annuity should be paid in order to have patent issued. And subsequent annuity should be paid annually from publication date. The duration of Invention Patent right is 20 years from filing date. The duration of Utility Model is 10 years from filing date and 15 years for Design Patent from filing date.

Required Documents

Information of applicant: Applicant’s name and address in Chinese and English, the ID number or Corporation Unified Code if the applicant is Taiwanese or Taiwan corporations.
Information of inventor: Inventor’s name in Chinese and English, the ID number if the applicant is Taiwanese.
Specification and industrial drawings.
Power of Attorney.

Frequently-asked questions

Q1. What is the differences between Invention Patent, Utility Model and Design patent?

A：Invention Patent and Utility Model are for protection of creations by utilizing technical knowledge of nature law, they focus on improvements of functions, techniques, manufacturing or usage convenience. The subject matters for Invention patent are wider and include substances (without specific space), products (with specific space), method, biological materials and its usage. The subject matters for Utility Model are limited to shape, structures of products or their combinations.
Design Patent is for protecting whole or partial shape, patters, colors or their combinations of a product. It focus on expression of visual effect and appearance of design on a product, it has nothing to do with technical, structure or functional features.
Invention and Design patent can only be granted after substantive examination, however, Utility Model is registered after formality check without passing substantive examination. Therefore, Utility Model has unstable right and uncertainty in essence.

Q2. Can I apply for patent by utilizing techniques which are patented in foreign countries?

A：The technology which are patented or published by patent office abroad cannot be patented in Taiwan because it has lost novelty unless the applicant claims foreign priority within 12 months from first filing date.

Q3. What is so called “foreign priority”?

A：If the applicant firstly file patent in WTO member countries or in foreign country that has mutual agreement of priority with Taiwan, he can file corresponding patent application in Taiwan by claiming priority from the above first application within 12 months (6 months for design filing) from first filing date. The applicant can claim the filing date of the above first patent application as priority date, and the priority date is the basis date for examining patentability such as novelty, deemed as lack of novelty, inventive step and first to file etc.

Q4. What is so called “domestic priority”

A：When the applicant files a patent application afterwards (called later application) based on previous patent or utility model application (called previous application), he can claim priority from invention as disclosed in previous application within 12 months. This is so called “domestic priority”. The previous application would be withdrawn if domestic priority is claimed in later application.

Q5. What is so called “grace period”

A：
(1) The invention or utility model which has industrially capability will lose novelty and inventive step if the invention was disclosed in printed publication, or publicly exploited or publicly known prior to filing date of patent application. However, a disclosure made by or against the applicant’s will shall not be deemed as one circumstance of preclude grant of invention patent as regulated in Item 1 and 2 of Article 22 provided the concerned patent application is filed within 12 months after the date of disclosure. The 12-month period as mentioned above is called “grace period”.
(2) The design which has industrially capability will lose novelty and inventive step if the design was disclosed in printed publication, or publicly exploited or publicly known prior to filing date of patent application. However, a disclosure made by or against the applicant’s will shall not be deemed as one circumstance of preclude grant of invention patent as regulated in Item 1 and 2 of Article 122 provided the concerned design application is filed within 6 months after the date of disclosure. The 6-month period as mentioned above is called “grace period”.

Q6.Some advertisements or catalogues remarks “World Patent” or “International Patent”, what is “World Patent” or “International Patent”?

A：Patent protection is system of territorial law, the applicant must apply for patent in each country and the patent application is examined by Patent office in each country in order to obtain patent right.
So far there is no worldwide organization that can grant patent right to cover protection in all countries around the world. In other words, the patent right only give you exclusive right or legal effect in one country or in one regional area which grant such patent, it does not cover in other countries or areas. There is no “World Patent” or “International Patent” so far, the more similar system is PCT Application under PATENT COOPERATION TREATY. PCT has 152 country members and PCT Application is filed with WIPO (World Intellectual Property Organization) directly or indirectly through national patent office. But Taiwan is not member of PCT.
Please note PCT Application is not examined and granted by single organization as WIPO, it is only filed with WIPO to enjoy 30-month period to enter into national phase in each country member. And Patent Office in each country member will further examines the PCT application based on national domestic law after national entry to decide whether the PCT application can be granted patent in that country it enters. The benefit of filing PCT Application is that the applicant has 30-month from filing date(or earliest priority date) to consider which countries they like to further pursue patent protection.

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