Frequently Asked Questions: Patents in Taiwan
Q: If I missed the deadline for obtaining my patent certificate. Can I still obtain it?
A: The first-year patent annuity and patent certificate fee must be paid within 3 months after the date on which the approval decision is served. If the fees are not paid within the said time period, no publication shall be made. However, the applicant unintentionally fails to pay the required fees within 3 months after an approval decision is served, the applicant should pay the patent certificate fee and two times the first-year patent annuity within 6 months after the period has expired.
Q: What should I do if I realize I’ve missed the patent annuity payment deadline?
A: If the annuity for the second or any subsequent year is not paid within the designated period, it can still be paid within six months after the original deadline. However, in addition to the original annuity, a surcharge will be applied based on the number of months overdue. A 20% surcharge per month will be imposed, with the maximum surcharge reaching twice the amount of the original annuity. If the overdue period is between one day and one month, it will be considered as one month for the purposes of calculating the surcharge.
Q: Does the patent specification have to be in Chinese?
A: It is acceptable to file a patent specification, including description, claim(s) or drawing(s) in a foreign language at the time of filing, but the foreign languages are limited such as Arabic, English, French, German, Japanese, Korean, Portuguese, Russian, Spanish or Simplified Chinese. Besides, the Chinese translation must be submitted within the specified time period designated by TIPO. Failure to submit the Chinese translation within the specified time period will result in the application being dismissed. However, if the Chinese translation is submitted before the dismissal decision is served, the date on which the Chinese translation is submitted will be regarded as the filing date.
Q: If an invention patent application has been issued an approval decision, is it allowed to apply for a divisional application if an applicant does not proceed to obtain the certificate in Taiwan?
A: According to Article 34, Paragraph 2 of the Patent Act, A division application must be filed within the following time periods:
- before a reexamination decision on the original patent application is rendered.
- within three (3) months after the date on which an approval decision for the original patent application or reexamination is served.
Since a divisional application is based on the invention disclosed in the description or the drawing, bus shall not be the same as that have been approved in the original patent application, thus, the applicant can still file a divisional application even if they do not proceed to obtain the certificate for the original application.
Above questions are selected from Frequently asked questions published by the TIPO website in Taiwan in January and March 2023, which are translated by ALIPO team.