Guide & Procedure
			Trademarks & Service Marks		FAQ

Patents, Utility Models, Designs
		Overview & Procedure		Filing Requirement

To be patentable, an invention must be new and be applicable in industry, and may not utilize prior art or knowledge in a way that persons skilled in the art of the relevant field may easily complete it.

A patent of invention may be registered in Taiwan for 20 years from the date of filing the application, subject to the payment of annual fees.

Procedure :

• The application is first examined for compliance with the formal requirements in order to obtain a filing date. If not in compliance, the applicant will be notified to comply with all formal requirements within a given period.
• The application will then be examined for novelty, industrial applicability and patentability. If any claim is considered un-patentable or requiring amendment, an office action will be issued. The applicant will again have a certain period in which to reply.
• Re-examination: If an application is rejected, the applicant may within 30 days apply for re-examination, extendable for legitimate reasons for 60 days. The re-examination will be followed by a decision of rejection or allowance.
• If the application is rejected, the applicant may file an appeal with the Ministry of Economic Affairs within 30 days; and further appeals are also possible.
• Once a decision of allowance is made, the claims and drawings will be published in the Patent Gazette. From the date of publication the file will be open to public inspection. Within three months from publication any party may file a notice of opposition with supporting documentary evidence. A copy of the opposition notice and evidence will be sent to the applicant who will have one month to file a counterstatement. The opposition procedure is the same as the procedure of re-examination.
• If after publication no oppositions are filed, or the opposition is decided in favour of the applicant, the Patent Office will notify the applicant to pay the issuance fee and the annuity for the first year within 30 days. Provided said fees are paid the patent will be granted and be registered in the Patent Register, and a Patent Certificate will be issued.

A utility model may be defined as a creation or an improvement in respect of the form, construction or assembly of any article. To be patentable as a utility model a creation or improvement must be new and be applicable in industry.

A utility model may be registered in Taiwan for 10 years from the date of filing the application, subject to the payment of annual fees.

Procedure :

• Identical to patents of invention.

A design is defined as any new creation of shape, pattern or colour, or a combination thereof, to be applied to an article.

The duration of a design is 10 years from the date of filing the application. Payment of annual fees are required.

Procedure :

• Identical to patents of invention.

1. An Oath signed by the inventor.
2. A specification in original foreign language with drawings in triplicate.
3. An Assignment (or Certificate of Application Right) signed by the inventor if the inventor and applicant are not the same person.
4. A Power of Attorney signed by the applicant.
5. The basic filing dates and filing numbers for corresponding applications filed in another country.
6. A certified copy of the priority document if priority is to be claimed.

Note:

1. Facsimiled copies of the above items a, b, and c are acceptable for obtaining a valid filing date. The originals of those documents, as well as the Power of Attorney and translation of specification, can be supplemented within 60 days after the application has been filed.
2. If priority is to be claimed, the detailed priority information should be initially indicated in the application which must be filed within 12 months from the next day of the first application in a WTO member country or country having a reciprocal agreement with Taiwan, R.O.C. A certified copy of the priority document should be supplemented within three months after the filing of application.

1. An Oath signed by the inventor.
2. A specification in original foreign language with drawings in triplicate. The drawings should show front, rear, right, left, top, bottom, and perspective views of the subject matter sought to be patented, and should include a brief description of the subject matter.
3. An Assignment (or Certificate of Application Right) signed by the inventor if the inventor and applicant are not the same person.
4. A Power of Attorney signed by the applicant.
5. The basic filing dates and filing numbers for applications filed in another country.
6. A certified copy of the priority document if priority is to be claimed. (Priority can be claimed if the application is filed within six months from the next day of the first application in a WTO member country or country having a reciprocal agreement with Taiwan.)