See also
FAQ - Chinese Taipei (TW)
If you cannot find your question here, please send it to us using the contact form.
For more specific legal questions relating to the patent system in Chinese Taipei, please contact International_legal_affairs@epo.org.
Questions
General information about patents in Chinese Taipei
- What types of industrial property rights exist in Chinese Taipei?
- How long are the terms of protection of Taiwanese invention patents or utility model patents?
- What inventions cannot be patented at the Taiwan Intellectual Property Office (TIPO)?
- Can computer software be patented in Chinese Taipei?
- Is Chinese Taipei a member of the Patent Cooperation Treaty (PCT)?
From filing to grant
- As a foreign applicant, do I need to appoint a professional representative in Chinese Taipei?
- What language must I use for a Taiwanese patent application?
- What is the term of priority in Chinese Taipei?
- Can I claim priority for an application filed in Chinese Taipei?
- Does Chinese Taipei allow divisional applications?
- Are Taiwanese invention patents and utility model patents subject to substantive examination?
- How soon after filing a Taiwanese application do I need to file a request for examination?
- Can I request that my Taiwanese application be published earlier than 18 months from the filing date?
- Can I withdraw my Taiwanese application before it is published?
- What is the time limit for responding to official actions in Chinese Taipei?
- Can Taiwanese utility models be converted into patents?
After grant
- When do I have to pay annual fees in Chinese Taipei?
- Is there a grace period for paying annual fees in Chinese Taipei?
- Can a lapsed Taiwanese patent be restored?
- Can I request an extension of the patent term in Chinese Taipei?
- How can I challenge a granted Taiwanese patent?
Sources of information
- Where can I search Taiwanese patent information in English?
- Where can I find English abstracts of Taiwanese patent documents?
- Where can I get an English machine translation of a Taiwanese patent or utility model document?
- Where can I find legal-status information on Taiwanese patents in English?
- Where can I find official information about fees in Chinese Taipei?
- Can I access the documents in the file of a Taiwanese patent application?
- Where can I find information on Taiwanese patent agents?
Answers
General information about patents in Chinese Taipei
What types of industrial property rights exist in Chinese Taipei?
Taiwanese industrial property rights include invention patents, utility model patents, design patents and trade marks. Patents of addition were abolished in 2001.
If you require a more detailed answer, please send us your question using the contact form.
How long are the terms of protection of Taiwanese invention patents or utility model patents?
The term for a Taiwanese invention patent is 20 years from the filing date; the term for a utility model patent is 10 years from the filing date.
If you require a more detailed answer, please send us your question using the contact form.
What inventions cannot be patented at the Taiwan Intellectual Property Office (TIPO)?
Under Article 24 of the Taiwan Patent Act, the following are not patentable at the TIPO:
- animals, plants, and essentially biological processes for the production of animals and plants, except processes for producing micro-organisms
- diagnostic, therapeutic or surgical methods for the treatment of humans or animals
- inventions which are contrary to public order, morality or public health.
If you require a more detailed answer, please send us your question using the contact form.
Can computer software be patented in Chinese Taipei?
Yes. The TIPO will grant software-related invention patents, provided the claimed invention fulfils the general patentability requirements.
If you require a more detailed answer, please send us your question using the contact form.
Is Chinese Taipei a member of the Patent Cooperation Treaty (PCT)?
No, Chinese Taipei (TW) is not a party to any international patent-related treaty such as the PCT or the Paris Convention. It is therefore not possible to file applications under these treaties.
If you require a more detailed answer, please send us your question using the contact form.
From filing to grant
As a foreign applicant, do I need to appoint a professional representative in Chinese Taipei?
Yes. If you do not have a residential or business address in Chinese Taipei, you must appoint a TIPO-registered professional representative to represent you in the patent grant procedure there.
If you require a more detailed answer, please send us your question using the contact form.
What language must I use for a Taiwanese patent application?
Under Article 25 of the Taiwan Patent Act, Taiwanese patent applications (title, claims, description, abstract and drawings) can be filed in a language other than Chinese. However, a Chinese translation printed in traditional Chinese characters must be submitted within six months.If you require a more detailed answer, please send us your question using the contact form.
What is the term of priority in Chinese Taipei?
The priority term in Chinese Taipei is 12 months; partial and multiple priorities are possible. Domestic priorities were introduced in 2001.
If you require a more detailed answer, please send us your question using the contact form.
Can I claim priority for an application filed in Chinese Taipei?
Yes. Since Chinese Taipei joined the World Trade Organisation (WTO) in 2002, the priority of a Taiwanese application can be claimed for international applications in WTO member states and vice versa. Priority can also be claimed in countries which have reciprocity agreements with Chinese Taipei.
If you require a more detailed answer, please send us your question using the contact form.
Does Chinese Taipei allow divisional applications?
Yes. Patent applications which involve two or more inventions may be divided into separate divisional applications, at the request of either the TIPO or the applicant. A divisional application must be filed before the re-examination decision on the original application has been taken. It is accorded the filing date of the parent application.
If you require a more detailed answer, please send us your question using the contact form.
Are Taiwanese invention patents and utility model patents subject to substantive examination?
Invention patents are substantively examined (for novelty, inventive step and industrial applicability) in Chinese Taipei.Since 1 July 2004, utility model patents are examined only for compliance with formal requirements, and no longer substantively. However, once a utility model application has been published, anyone may ask the TIPO for a technical evaluation report which may serve as a technical reference or as a basis for revocation litigation.
If you require a more detailed answer, please send us your question using the contact form.
How soon after filing a Taiwanese application do I need to file a request for examination?
Requests for substantive examination must be filed within three years of the filing date. Otherwise the application is deemed withdrawn.If you require a more detailed answer, please send us your question using the contact form.
Can I request that my Taiwanese application be published earlier than 18 months from the filing date?
Yes, you can request its early publication from the TIPO.If you require a more detailed answer, please send us your question using the contact form.
Can I withdraw my Taiwanese application before it is published?
Yes. If the patent application is withdrawn within 15 months from the filing (or priority) date, it will not be published. If withdrawal is requested later than that, the application will be published if the preparations for publication are already under way, but all subsequent procedures will be discontinued.
If you require a more detailed answer, please send us your question using the contact form.
What is the time limit for responding to official actions in Chinese Taipei?
Generally 90 days, for foreign applicants. If necessary, and on request, the TIPO may grant extensions of no more than 180 days in total. However, this time limit is not statutory, but set by the examiner case-by-case, so exceptionally deadlines may in fact be either shorter or longer.If you require a more detailed answer, please send us your question using the contact form.
Can Taiwanese utility models be converted into patents?
Yes they can (and vice versa). Conversion may be requested within 60 days from the date of the decision refusing the original application. Once a grant decision has been taken, conversion is no longer possible.
If you require a more detailed answer, please send us your question using the contact form.
After grant
When do I have to pay annual fees in Chinese Taipei?
The annual fee for the year in which the Taiwanese patent is granted must be paid on the publication date. Subsequent annual fees are due yearly in advance. The annual fees for several years may be paid in a lump sum.
If you require a more detailed answer, please send us your question using the contact form.
Is there a grace period for paying annual fees in Chinese Taipei?
Yes, there is a six-month grace period if you miss the deadline for paying an annual fee. If you still fail to pay it (plus surcharge) within the grace period, you will lose your patent.
If you require a more detailed answer, please send us your question using the contact form.
Can a lapsed Taiwanese patent be restored?
If you fail to pay annual fees due to a natural disaster or other force majeure, you have up to 30 days thereafter to request the TIPO to reinstate your patent.
If you require a more detailed answer, please send us your question using the contact form.
Can I request an extension of the patent term in Chinese Taipei?
Supplementary protection certificates (SPCs) are known as "patent term extensions" in Chinese Taipei. You can apply for an extension (of between two and five years) if your patent is for a pharmaceutical, an agrochemical, or a process for their preparation, and marketing the patented invention is subject to governmental approval. Only one extension is possible.
If you require a more detailed answer, please send us your question using the contact form.
How can I challenge a granted Taiwanese patent?
The opposition system was abolished in 2004, and now the only way to a challenge a granted patent is through the invalidation procedure. Invalidation can be requested at any time, even after the end of the patent term.
If you require a more detailed answer, please send us your question using the contact form.
Sources of information
Where can I search Taiwanese patent information in English?
You can search for patents, utility models and designs via the English interface of the free Taiwan Patent Search (TWPAT) database hosted by the TIPO.
Trade marks can be searched in a separate database on the TIPO's English website.
If you require a more detailed answer, please send us your question using the contact form.
Where can I find English abstracts of Taiwanese patent documents?
English abstracts of Taiwanese documents can be retrieved together with their bibliographic data from the TIPO's free Taiwan Patent Search (TWPAT).
If you require a more detailed answer, please send us your question using the contact form.
Where can I get an English machine translation of a Taiwanese patent or utility model document?
Currently, the TIPO's free databases do not include an English machine-translation function. However, full-text data of Taiwanese patents and utility models can be retrieved via the TIPO's Chinese-language database and then translated using a free machine-translation tool.
A step-by-step guide on how to retrieve this data is available on our website.
Searching in databases – Chinese TaipeiIf you require a more detailed answer, please send us your question using the contact form.
Where can I find legal-status information on Taiwanese patents in English?
Basic legal-status information can be retrieved from the English-language version of the free Taiwan Patent Search (TWPAT) database hosted by the TIPO. For tips on finding up-to-date legal-status information via the Chinese interface of the TWPAT database, please consult the search guide on our website, Searching in databases – Chinese Taipei.
If you require a more detailed answer, please send us your question using the contact form.
Where can I find official information about fees in Chinese Taipei?
Information on fees can be found under "Regulations of Patent Fees" in the "Laws and Regulations" section of the TIPO's English-language website.
TIPO website
If you require a more detailed answer, please send us your question using the contact form.
Can I access the documents in the file of a Taiwanese patent application?
Yes. Online file inspection is possible via TIPONet, using either an English or Chinese interface. You can access the files for published patent applications from 2003 onwards, provided no patent has yet been granted or office action issued. Utility models are now also covered, for applications filed as from 2 May 2012.
Most official communications are available only in facsimile form and in Chinese. However, a machine translation function can provide English versions of the list of documents in the file and of any documents available as text data.
To access the English interface, click on "File Wrapper Search" under "Patent" on TIPO's English homepage. A step-by-step guide on how to access files in TIPONet is available on our website.
Searching in databases – Chinese Taipei
If you require a more detailed answer, please send us your question using the contact form.
Where can I find information on Taiwanese patent agents?
"This information is currently available on the website of the Taiwan Patent Office and the Taiwan Patent Attorneys Association (TWPAA)."
An English version of the Patent Attorney Act is available under "Laws and Regulations" on the TIPO's website.
The Asian Patent Attorneys Association (APAA) has a regional group for Chinese Taipei and its website is available in English and Chinese.
- Taiwan Patent Attorneys Association (TWPAA) - Chinese
- Taiwan Patent Attorneys Association (TWPAA) - English
- TIPO website
- Asian Patent Attorneys Association (APAA) - English
- Asian Patent Attorneys Association (APAA) - Chinese
If you require a more detailed answer, please send us your question using the contact form.