Q & A

Taiwan Patent

QHow many types of patents are there in Taiwan?

AThere are three types of patents, namely invention, utility model, and design:Invention:An invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the desired result(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the...
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QHow can I claim a priority right based on the first application filed in a country other than Taiwan?

AThe citizens or residents of the member of the World Trade Organization (WTO) may enjoy the benefits of a priority right based on the first application filed in any WTO member if the patent application filed with TIPO is no later than 12 months after filing the first application. For a design application, the time period is 6 months from the filing date of the first application...
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QCan I apply a PCT international application in Taiwan?

ANo. Taiwan is not a member of the Patent Cooperation Treaty (PCT) and therefore is unable to accept the PCT application. However, any applicant from a WTO member that files a patent application in Taiwan based on a PCT application and such PCT application designates any WTO members as the designated countries, may claim a right of priority if the PCT application is a legal application.
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QMay I claim a priority right based on a provisional application filed in other country?

AYes. If the invention contained in the scope of patent application filed in Taiwan has been disclosed in the provisional application, the provisional application can be claimed as the basic application for claiming priority.
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QWhat languages may I use for filing a patent application?

AThe application form must be filled out in traditional Chinese. In principle, the description, claim(s) and drawing(s) should also be in traditional Chinese. Initially, the description, claim(s) and drawing(s) may be submitted in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. A Chinese translation for the said documents must be submitted within a specified time period, or the patent application shall be dismissed.
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QWhen should I provide a Chinese translation if I filed in a language other than Chinese? Can I make a request for an extension of the time period?

AThe Chinese translations of foreign language documents must be provided within 4 months for invention and design applications, and 2 months for utility model applications from the date of submitting the foreign language documents...
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QCan I obtain both a patent right and a utility model right for the same invention?

AIt is legally impossible to obtain both a patent right and a utility model right for the same invention.

If a patent application and a utility model application for the same invention are filed on different dates and the patent application is filed on an earlier date than the utility model application, a patent may be granted for the invention. However, if the utility model application is filed on an earlier date than the patent application, a utility model registration may be granted for the invention.
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QWhat should I do if I want to continue protection of an invention patent right and a utility model patent right for the same creation?

ATo enjoy continuous protection, you must declare the existence of the other application at the time of filing both applications and must maintain the validity of the utility model until the publication date of the invention patent.
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QHow to speed up examination?

AThere are three programs to speed up examination: Accelerated Examination Program (AEP), Patent Prosecution Highway (PPH) Program, and TW-Support Using the PPH Agreement (TW-SUPA) Examination Program.
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QWhat is prioritized examination and how can I request it?

ATIPO may upon request conduct prioritized examination of a patent application for invention if it is commercially exploited by a person other than the applicant after it is laid open. The applicant should submit relevant document(s) of proof...
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