PATENT APPLICATION IN TAIWAN
Types of Patent and its validity thereof
~ Invention patent refers to a high-level creation of technical concept/s by which natural rules
are utilized, and it is valid for twenty (20) years from the date the application is filed.
~ New utility model patent refers to a creation or an improvement, which has been made in
respect of the form, construction or fitting of an object, and it is valid for ten (10) years from
the date the application is filed.
~ New design patent refers to a creation made in respect of the shape, pattern, color, or their
combination of an article and through appealing to eyes, and it is valid for twelve (12) years
from the date the application is filed.
Documentation Required for Application
Documents required for registration are: patent application, specification, drawing (if
necessary), and Patent Authority.
The filing date of the patent application shall be the day which the documents are fully submitted.
Priority Right
An application that is made in another country which is recognized by Taiwanese Government
and was registered in pursuance to the domestic legislation of that country, may claim
propriety right in Taiwan within twelve months based on and after the first registration of the
patent in another country.
Prerequisites for Invention Patent, New Utility Model Patent & New Design
Patent application may be obtained if the application is not subjected to any of the following
conditions:
~ before the application, the invention has been published in relevant publication or has been publicly announced;
~ before the application, the invention has been made known to public or the technical skill
may be easily completed;
~ biological study on plants, animals or re-production of plants and animals;
~ illness/disease diagnose, treatment and/or surgery method which affect human bodies or
animals;
~ any invention that is against public decency, order, good custom or Department of Sanitation;
~ the design is solely dedicated to the function of the product style;
~ purely fine art creations or handcrafts;
~ layout of integrated circuits and/or electronic circuits;
~ any product that is same/similar to national flag, national party flag, portrait of the founder of Taiwan, national emblem, military flags, and official seal or any governmental medal.
