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…
To obtain an effective filing date, following listed documents are required. However, FACSIMILE copies of all the documents can practically be used upon filing. Specification; Claims; Abstract; Drawings; 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…
This system is similar to the domestic priority system adopted in Japan.
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.
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…
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.
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.
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.
