[Video] Undisclosed Advantageous Effects
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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.
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.
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; 15 years for a Design) following the application date.
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.
This system is similar to the domestic priority system adopted in Japan.
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.
Trademarks, Collective Marks and Certification Marks.
10 years from the registration date. (subject to renewal for another 10 years)