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):

1. Taiwan Patent Act 2014 

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