A Taiwan invention patent is a legal right granted by the Taiwan Intellectual Property Office on an application which the IP Office has decided the application meets all the patentability requirements. In order to obtain a Taiwan patent, an application has to be filed with the Taiwan Intellectual Property Office.

INVENTION PATENT

Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problems and achieve the expected purposes. The invention must have a "technical character" so that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations cannot be patented.

(Method for preparing 1,2-dicyclopropylethylphenol and optical isomer thereof, Patent Cert. No.: I617541)

HOW LONG DOES IT TAKE TO GET AN INVENTION PATENT?

If the patent is patentable after examinations, the average time it takes to obtain a patent from the Taiwan IP Office is usually about 18 - 24 months for an invention patent after filing.

HOW DO I APPLY FOR A PATENT?

Applicants from overseas countries must appoint a qualified patent attorney to act on your behalf when applying for a patent in Taiwan. A professional patent attorney should have passed the Taiwan Patent Bar Examination and is experienced in handling patent prosecution and relevant patent matters.

WHAT SHOULD I PREPARE FOR A TAIWAN INVENTION PATENT APPLICATION?

The official language of the Taiwan IP Office is Traditional Chinese and your application must contain:

• Name, nationality and address of the applicant and inventor;
• Application Form
• Specification – including description and drawings
• Other required documents e.g. Power of Attorney, priority documents, and their Chinese translations if the documents are not in Chinese.

The applicant can file the specification in foreign languages (Arabic, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish) when filing the patent application, then submit the Chinese specification after filing.

The Taiwan IP Office gives the application a filing date and an application number after filing. Taiwan adopts first-to-file system and therefore the applicant should apply for a patent and obtain a filing date as soon as possible.

WHAT ARE THE NEXT STEPS?

1. Formality Examination

   After filing the initial application, the Taiwan IP Office will conduct “Formality Examination” to check if the application can satisfy the formality requirements.

2. Laid-open / Early Publication

   The application will be published automatically in the Patent Gazette after 18 months from the filing date or the earliest priority date.

3. Substantive Examination

   The applicant should request for substantive examination within 3 years from the filing date (the request can also be made at the time of filing the initial application). For an invention to be registered and protected, it must satisfy the patentability requirements – the invention should be a patentable subject matter, novel, involve an inventive step and has industrial application.

   During the examination, the Taiwan IP Office Patent Examiner will search for prior arts and documents that are similar to the application. The Patent Examiner will issue an Office Action to the applicant if the application is deemed unpatentable. The applicant has an opportunity to present arguments or make amendments to the specification, claims, drawings and other documents to address any objections. In most of the cases, the applicant is given one or two attempts to overcome all outstanding objections.

4. Grant

   Once the Taiwan IP Office finds that the application is allowable, the applicant shall pay certification fee and the first year annuity. The IP Office then grants and publishes the patent in the Patent Gazette. The patent certificate will also be sent to the applicant.

5. Maintenance

   The term of invention patent in Taiwan is 20 years. After the patent is granted, the applicant should pay the renewal fees annually in order to keep the patent alive.

HOW WE CAN HELP

Our patent team can handle all aspects of obtaining and protecting a patent, from drafting the patent specification and responding to the Office Actions, to handling appeals and litigations before the Taiwan IP Office and the courts. With the extensive experiences of our patent attorneys, we are capable to give you the most secure protection on your patents and intellectual property rights. Contact us if you wish to find out more about IP protection.

TAIWAN PATENT APPLICATION PROCESS