Brief Introduction to the Patent System in Taiwan

New application
Documents required:
1.Patent or Utility Model Applications – specification (including title, abstract, specification, and claims) and drawings
2.Design Applications – drawings (including the title of the object, invention summary, drawing specification, and drawings)
3.Power of Attorney (can be submitted late within 4-month, or 6-month with the filing of the extension of time request, from the date of filing)
4.Statement Justifying the Applicant’s Right to Apply.
5.Certified copy of the Priority Document (can be submitted late within 4 month from the date of filing, non-extendable)
Note. A.If the applicant is different than the inventor, applicant shall, at the time of filing the patent/utility model/design application,
submit the Statement – signed by the inventor – justifying the applicant’s right to apply.The statement shall be signed by the inventor.
Information Required:1. Applicant(s)’s detail information.2. Inventor(s)’s detail information.3. Details regarding the priority claimed
Types of Patent Applications:1. Patent 2. Utility Model3. Design

Examination
1.Patent…………published in 18 months.Substantive examination (shall be filed simultaneously at the time of filing the patent
application or within 3 years from the date of filing)
2.Utility Model………….Formality Examination / approximately 3 to 6 months
3.Design…………………Substantive Examination / approximately 3 to 6 months

Publication:Will be published upon payment of the registration and the first year annuity fees
Cancellation/Invalidation Procedures:available
Patent number indication:Patent number shall be placed on the products patented or the package thereof.

Patent Validity Term
1.Patent…………………………Patent right is obtained from the date of publication, and shall be valid for 20 years form the date of filing
2.Utility Model…………………Patent right is obtained from the date of publication, and shall be valid for 10 years form the date of filing
3.Design…………………………Patent right is obtained from the date of publication, and shall be valid for 12 years form the date of filing

Annuity Due:
1.Registration and first year annuity fees shall be paid within 3 months from the date of receiving the Notice of Allowance.
Upon payment, the subject case will be published and granted Letters Patent.
2.Annuity fees from the 2nd years onward shall be paid before the anniversary of the publication date.
3.Annuity fees from the 2nd years onward can be paid late within 6 months after the expiration date.However, the annuity fees due in
this case will be double the regular annuity dues.The patent rights will be forfeited if the applicant fails to make annuity payments
before the specified grace period.