1. CATEGORIES OF PATENTS
There are three categories of patents: Inventions, Utility Models, and Designs, wherein substantial examination must be conducted for Inventions and Designs such that patent rights may be granted, on the other hand, no substantial examination is conducted for Utility Models.
2. SUBSTANTIAL EXAMINATION
For Inventions, substantial examination is conducted only when request for substantial examination is filed. Such request can be filed at any time within three years from the filing date. On the other hand, for Designs, all applications are subject to substantial examination without the necessity of filing request for substantial examination.
3. EARLY PUBLICATION SYSTEM
This system is similar to the early publication system adopted in EP, Japan or US. However, early publication system practiced in Taiwan is only applicable for Inventions, but not for Utility Models or Designs.
When a patent application (Invention, Utility Model or Design) is allowed, the applicant must pay the issue fee and the first annuity within three months following the receipt date of the allowance decision. After the issue fee and the first annuity have been paid, the application is published and patent right is granted from the publication date. The patent right for an Invention expires on the date 20 years (10 years for an Utility Model; 12 years for a Design) following the application date.
5. CLAIMING FOR CONVENTION PRIORITY
Taiwan has been a member of WTO since Jan. 1st, 2002. By virtue of National Treatment, each member of WTO is entitled to the benefit of claiming priority for the patent applications submitted to other WTO member countries.
6. CLAIMING FOR DOMESTIC PRIORITY
This system is similar to the domestic priority system adopted in Japan.
7. FILING REQUIREMENTS
To obtain an effective filing date, following listed documents are required. However, FACSIMILE copies of all the documents can practically be used upon filing.
- Name and address of the inventor(s), name and address of the applicant(s). If the applicant is a company, name of the representative(s) is also required;
- Title of Invention in English and Abstract in English;
- The filing number, filing date and filing country of the basic application.
Also, a Chinese translation of the data listed in item e shall be submitted simultaneously upon filing. If such Chinese translation cannot be decided upon filing, a temporary version can be submitted upon filing, and a succeeding request for amendment can be filed upon applicant’s instructions.
- Power of Attorney signed by the applicant shall be submitted upon filing, or can be submitted within 4 months from the filing date;
- Priority document or access code of the priority document for the basic application filed in Japan or Korea (if priority is to be claimed) shall be submitted within 16 months from the first priority date; and
- Chinese translation of item a through d shall be submitted upon filing, or can be submitted within 4 months from the filing date;
Among the above listed requirements, the submission of items h & j can be extended for another 2 months. However, the submission of Priority document or access code(item i) is in any case inextensible.
8. DEPOSIT OF BIOLOGICAL MATERIAL
In applying for an invention patent involving a biological material, the applicant shall deposit the biological material in a local deposit institute designated by the Taiwanese IPO, unless the biological material involved can be easily obtained by persons skilled in the art or the biological material has been deposited in a foreign deposit institute recognized by the Taiwanese IPO. In the event that an applicant has deposited the biological material in a depository designated by a foreign country in its territory with which the ROC recognizes the effects of deposits based on reciprocity (currently only Japan is entitled to the reciprocal effects), the applicant is exempt from the requirement of making a deposit in Taiwan.
And the documents evidencing the deposit of the biological material issued by the deposit institute shall be submitted within 4 months from the filing date or within 16 months from the first priority date if a priority (or priorities) is claimed, whichever is earlier.