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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).
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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.
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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.
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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.