Applicant

Individual(s), assignee, corporation or any legal entity

Term

20 years from filing date subject to payment of annuity. If the annuities are not paid when due, the patent will lapse and third parties may use the invention without fear of infringement liability.

Priority

Applicant who has filed his first patent application in a World Trade Organization (WTO) member state may claim priority date for his Taiwan application within twelve (12) months after his first filing.

Examination Procedures

Examination is for formalities, Unity of Invention, Novelty and Inventive step.

Laid-open: a patent application will be automatically published in the Laid-Open Gazette 18 months from the filing date or priority date.

Request for substantive examination: A request for substantive examination can be filed within three (3) years after the filing date.

A patent will be granted if the patent application being examined is found to meet the patentability requirements. Failure to file a request for a substantive examination within the prescribed time limit will result in the application being deemed withdrawn by the applicant.

Time frame: Normally, Taiwan Intellectual Property Office (TIPO) renders a decision within 1 to 2 years after filing a Request for substantive Examination.

Accelerated Examination Program (AEP)

Applications that have been issued substantive examination or re-examination notices by TIPO are eligible for accelerated examinations,  regardless of whether the   examination has already commenced, provided at least one of the following conditions are met:

The foreign corresponding application has already completed a substantive examination in a foreign patent office and been approved;

An examination notice and search report have both been issued by the patent authority in the EU, the U.S. or Japan but have yet to issue a final result.An expedited examination is deemed necessary for commercial practice.

A Flowchart on Invention Patent Examination and Administrative Remedy