TYPE
Invention patent (valid for 20 years from the filing date)
Utility model patent (valid for 10 years from the filing date)
Design patent (valid for 12 years from the filing date)
PATENT SEARCH
To avoid possible conflict, a keyword patent search in Taiwan is suggested before filling an application. Please note the searching system is in Chinese only.
REQUIREMENT FOR FILING
Name, Nationality and Address of Applicant(s)
Name, Nationality and Address of Inventor(s)
Executed Power of Attorney (No notarization required)
Assignment (Executed by the inventor(s))
A specification and necessary drawings
Certified Priority Documents (with specific country, filing date and application number), if any
Please inform us if a substantive examination is required when filing
Above-mentioned required documents can be submitted within 4 months from the filing date
  Please provide us the following information asap:
Name, Nationality and Address of Applicant(s)
Name, Nationality and Address of Inventor(s)
Priority information: 1) Country, 2) Filing date and 3) Application number
Specification, Claims, and Drawings (English, Japanese and German are accepted)
Please inform us if a substantive examination is required when filing
Other requirements mentioned in "Requirement for Filing" can also be submitted within 4 months from the filing date.
You send us via e-mail the documents when you are closing your day in your office. We will be able to file your case at TIPO, during your leisure time. When you come to your office again the second day, you will receive our e-mail with filing number of TIPO and the filing date of TODAY, for the case you entrusted us!
   
PRIORITY
Certified Priority Documents (with specific country, filing date and application number) can be submitted within 4 months from the filing date.

FAQ:
(Q1) Can a foreign corresponding priority be claimed in Taiwan?
(A1) Taiwan is a member of WTO (World Trade Organization), thus the priority claim of patent or trademark from WTO contractual states can be accepted in Taiwan (including PCT and /or the EPC applications from any WTO members).

LAYING OPEN
An invention application will be laid open after 18 months from the filing date. In addition, if any priority is claimed, the 18 months will begin from the priority date.

FAQ:
(Q3) Can a laying-open period be accelerated?
(A3) Yes, a request of earlier laying-open can be accepted through an extra official fee payment of US$35 approximately.
(Q4) Can a preferential examination be requested?
(A4) The applicant can file a request of preferential examination based on both following factors:
         1) The application is laid-open;
         2) Occurred concern of the application which might be infringed by a third party and the applicant should present substantial proof of being infringed, the following is a quotation of Taiwan Patent Act §39, the regulation of preferential examination:
         "After an invention patent application is laid-open, if any person other than the applicant of the invention patent application puts such invention to practice for commercial purpose (e.g., infringement), the Patent Authority may effect the examination on a priority basis upon application.

EXAMINATION
Invention Patent Application
     A substantive examination can be requested within three (3) years from the filing date.
Utility Model Patent Application
     Formality examined only.
Design Patent Application
     A substantive examination will proceed automatically.

FAQ:
(Q5) What is a "substantive examination"?
(A5) A "substantive examination" is an approach to any person who is interested in knowing if such an invention patent complies with the patentability. It can be requested within three (3) years from the filing date of said application.

OFFICIAL ACTION
The following Office Action you might receive after examination:
Amendment
     The applicant is required to file an amendment.
Preliminary Rejection
     The applicant should submit a written response to clarify examiner's query and/or to indicate the difference between cited prior art and present application.
Rejection
     The applicant must file a re-examination to prevent the abandonment of rejected application.
REGISTRATION
A payment of issue fee and annuity must be paid within 3 months from the date that received a written decision from TIPO (Taiwan Intellectual Property Office).
A publication will not be made if the foregoing fees are not paid upon expiry of the above-given deadline.
A patent application shall be granted upon the date of publication and a patent certificate shall be issued thereto.
PUBLICATION
Whenever a patent application is granted, the claims and the drawings disclosed in that patent application shall be published in the Official Patent Gazette.
ANNUITY
All annuities can be paid in the lump in advance without adjustment thereafter.
NATIONAL PHASE OF PCT APPLICATION

FAQ:
(Q6) Can a PCT application enter Taiwan on national phase?
(A6) No, Taiwan is not a member of PCT, thus it will not be accepted in Taiwan.
(Q7) Can a priority based on a PCT application be claimed in Taiwan?
(A7) Yes, you can claim a priority based on PCT application within 12 months from the original PCT application filing date.

Flow Chart of the Examination Procedure