Summary of Taiwan Patent Act
(Amended on January 22, 2014; entered into force on March 24, 2014)
Patent Attorney Jerome, Chih-Hsin, Lin
Category of Taiwan Patent:
l Invention patents
l Utility model patents
l Design patents
Definition of Each Category of Taiwan Patent:
l Invention patent
³ any creation of technical concepts by utilizing the rules of nature
l Utility model patent
³ any creation of technical concepts by utilizing the acts of nature, in respect of the form, construction or installation of an article
l Design patent
³ any creation made in respect of the shape, pattern, color, or combination thereof of an article through eye appeal
Duration of Patent Term:
l Invention patent: 20 years from the date of application
l Utility model patent: 10 years from the date of application
l Design patent: 12 years from the date of application
Ownership of Patent:
l the owner of the right to apply for patent shall mean any inventor, creator or his/her assignee or successor
l the right to apply for patent and the patent right shall be vested in an employer, if the patent is made by an employee in the performance of his/her job duties, provided that if there is any covenant otherwise provided for in an agreement, such covenant shall prevail.
Application:
l A patent agent/attorney shall be designated if the patent applicant has no residence or business office in Taiwan
l Document required: an application form, a specification (with all necessary drawings), a Power of Attorney (if a Patent Attorney/Agent is designated)
l Requirements to obtain a date of application: the day which the application form, the specification and necessary drawings are fully submitted
l The specification and all necessary drawings can be written in a foreign language, and the Chinese translation thereof must be supplemented prior to date specified by the Patent Authority
Patentability Requirements:
l Invention patent/ Utility Model:
³ Industrially Applicable
³ Novelty:
No prior art published, put to public use, or known to the public prior to date of application
³ Inventive Step (Non-obvious):
The application can not be easily accomplished by a person having ordinarily knowledge in the art based on prior art
l Design Patent:
³ Industrially Applicable
³ Novelty
³ Creativity:
The design patent application ca not be easily conceived by ordinarily skilled persons in the relevant art based on existing prior art
Foreign Priority :
l An application can claim the priority of a first patent application in a member region of the World Trade
Organization (WTO) within 12 months (6 months for a Design Patent application) from the first filing date
³ An application can claim the priority of a PCT application
³ A PCT application CAN NOT claim the priority of a Taiwan patent application
³ Please note that Taiwan is NOT a contracting member of PCT. Thus, an applicant CANNOT file a Taiwan patent application by entering national stage via the PCT system. The applicant has to directly file an application in Taiwan with or without Claiming Priority for a foreign application.
³ An application can claim the priority of a EPC application, and vice versa
Domestic Priority:
l An Invention/ Utility Model patent application can claim the priority of a prior Invention/ Utility Model application within 12 months from the application date of the prior application
³ The prior Invention/ Utility Model application must be a first filing application in this country without claiming a foreign/domestic priority
³ The prior patent application shall be deemed having been withdrawn after 15 months from its filing date
Unpatentable Subjects:
³ Animals, plants, and essentially biological processes for production of animals or plants
³ Diagnostic, therapeutic or surgical operation methods for the treatment of humans or animals
³ Contrary to public order, morality or public health
Examination:
l Invention patent
³ Pre-grant Publication: the application will be laid-open after a period of 18 months from the application date
³ substantive examination
³ a request and fee for substantive examination must be filed and paid within 3 years from the date of application, otherwise the invention patent application shall be deemed withdrawn
l Utility model patent
³ Formality examination
³ a request for examination is not required
l Design patent:
³ Mandatory (substantive) examination
³ a request for examination is not required
Patent term extension:
l an extension of a patent term for 2 to 5 years
l In the case of invention patents covering:
³ Pharmaceuticals
³ Agrichemicals
³ processes for preparing pharmaceuticals or agrichemicals
Filing an Patent Invalidation Action:
l patent right shall be revoked under any of the following circumstances:
³ the patent DOES NOT satisfy the definition of its category (Invention, Utility Model, or Design)
³ the patent IS NOT industrially applicable
³ the patent IS NOT novelty
³ the patent LACKS inventive step/non-obviousness
³ the patent Interferes with a prior patent application
³ the specification DOES NOT satisfy the written description requirement of Taiwan Patent Act
³ the invention patentee is a person other than the person entitled to file the invention patent application
³ the home country of the patentee does not accept the patent applications to be filed by nationals of the ROC (Taiwan)
Reference(s):
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