Taiwan patent system 

  • ※Meaning

A patentee, an inventor discloses the invention and creation for the purpose of being granted an exclusive right on commercial manufacture, selling or using, hence imitation and counterfeit will be avoided accordingly.  

 

  • ※Function

A patent is an exclusive right being granted for an invention, and all patent holders are obliged to disclose their inventions to make society and industry well know the progress of technology, and then stimulate their thoughts to bring new invention, which could be incentives to the development of industrial technology. The granting of a patent will be the great benefit to the inventors and the public, being a motivation for development of industry. Therefore, the patent is called as key of technology.

 

  • ※Patentability, types and term (the term is from the filing date, and the patent is protected from the date of publication)

 

Type

Term

Patentability

Invention

20 years

Creation of technical ideas, utilizing the laws of nature (request for substantive examination)

Utility Model

10 years

Creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature (since July 1st, 2004, only after formality examination, patent is granted)

Design

12 years

Creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal (including whole or partial of articles, the articles in same class customarily sold or used together, Icon and Gui)

  • ※Filing an application for a patent
    Application → Issue application number → Formality examination → Substantive
  • Examination (subject matter of art；utility model only requires formality examination) →

【】 (Grant)→  Granting notification → Paying issue and annual fee → Patent granting, issue certificate and publication

【】(Remedy for rejection) → Rejection -> Substantive Re-Examination (excluding utility model) → Administrative Appeal → Administrative Litigation to Intellectual Property Court → Administrative Litigation (Appellate review) to Superme Administrative Court

  • ♦ If the measure has been revoked during the process of administrative remedy, granting decision might be made and then patent will be granted.
  • ♦ An application of invention patent shall be in early publication after 18 months from the filing date
  • ♦ Substantive examination shall be requested within 3 years from the filing date or the application will be regarded as withdrawal.