Taiwan Patent Applications

Taiwan Patent and Patent Application Introduction

A patent application must be filed with Taiwan’s Intellectual Property Office (“TIPO”).   Generally, TIPO renders a decision within six months to one year after it receives all supporting documents.  If the application is approved, the patent will be published and registered after the applicant pays the certificate fees and first annual fees.

Types of Patents

In Taiwan, industrial property rights include three types of patents:

• Invention Patent – inventions that are new, not obvious, and have been developed to the point that they can be utilized in industry;
• Utility Model Patent – creations or improvements relating to the form, construction, or fitting of an object (in general, technical requirements are not as high as those for an invention patent); and
• Design Patent – original visual designs relating to the shape, pattern, color, or a combination thereof of an object.

Terms of Patents

The term of a patent commences from the date of publication in the Patent Gazette.  The ending date of the term varies depending on the type of patent, and ends upon the following date:

• Invention Patent – 20 years from the filing date;
• Utility Model Patent – 10 years from the filing date; and
• Design Patent – 12 years from the filing date.