To be patentable, an invention must be new and applicable in industry, and may not utilize prior art or knowledge in a way that persons skilled in the relevant field could easily complete. A patent of invention may be registered in Taiwan for 20 years from the filing date, subject to annual fees.
A utility model is a creation or improvement in the form, construction or assembly of an article; it must be new and applicable in industry. Registrable in Taiwan for 10 years from filing, subject to annual fees.
A design is any new creation of shape, pattern or colour, or a combination thereof, applied to an article. The term is 15 years from the filing date, subject to annual fees.
First examined for compliance with formal requirements to obtain a filing date; if not in compliance, the applicant is notified to comply within a given period.
Then examined for novelty, industrial applicability and patentability; if any claim is unpatentable or needs amendment, an office action issues and the applicant replies within a set period.
Re-examination: if rejected, the applicant may apply within 30 days (extendable to 60 days for legitimate reasons); a decision of rejection or allowance follows.
If rejected, an appeal may be filed with the Ministry of Economic Affairs within 30 days, with further appeals possible.
Once allowed, claims and drawings are published in the Patent Gazette and open to inspection; within three months any party may file an opposition, which follows the same procedure as re-examination.
If no opposition (or decided in the applicant's favour), the applicant is notified to pay the issuance fee and first-year annuity within 30 days; upon payment the patent is granted, registered and a certificate issued.
An Oath signed by the inventor.
A specification in the original foreign language with drawings in triplicate.
An Assignment (or Certificate of Application Right) signed by the inventor if inventor and applicant differ.
A Power of Attorney signed by the applicant.
The basic filing dates and numbers of corresponding applications filed in another country.
A certified copy of the priority document if priority is claimed.
Facsimiled copies of items a, b and c are acceptable to obtain a valid filing date; the originals, together with the Power of Attorney and translation of the specification, may be supplemented within 60 days after filing.
If priority is claimed, it must be indicated at filing and the application must be filed within 12 months from the day after the first application in a WTO member or reciprocating country; a certified copy of the priority document must be supplemented within three months after filing.