Overview of Taiwan Patents
A Taiwan patent is a legal right granted by the Taiwan Intellectual Property Office on an application which the IP Office has examined and 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.
TYPES OF PATENTS IN TAIWAN
There are 3 types of patents in Taiwan:
| Types | Invention Patent | Utility Model Patent | Design Patent |
|---|---|---|---|
| Substantive Examination | Yes; anyone can request for substantive examination within 3 years after filing | No | Yes; substantive examination is mandatory |
| Patent Term | 20 years | 10 Years | 15 Years |
| International Priority Right | Within 12 months of the first filing | Within 12 months of the first filing | Within 6 months of the first filing |
| Patent Annuities | The first annuity is paid on grant and then renew every year | The first annuity is paid on grant and then renew every year | The first annuity is paid on grant and then renew every year |
| Others | Anyone can request for “Technical Evaluation Report of Utility Model Patent.” |
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)
UTILITY MODEL PATENT
A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Non-physical substances such as manufacturing method, processing method, chemical substance without concrete shape cannot be patented. Utility model patent is comparatively cheaper to obtain and the requirements for registration is less strict than patents.
(Improved transmission structure for pencil leads, Patent Cert. No.: M556673)
DESIGN PATENT
A design is the creation made in respect of the shape, pattern, colour, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article.
(A Part of an Electronic Device, Patent Cert. No.: D176654)
HOW LONG DOES IT TAKE TO GET A 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, 4 – 6 months for a utility model patent, and 12 – 18 months for a design patent.
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.
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.
