Taiwan

Types of protection

Invention Patent: An Invention Patent protects technical ideas utililizing the laws of nature to produce a technical effect, solve problems and achieve the expected purpose. The invention must possess a "technical character" that solves a problem using technical means in the relevant technical field. The term for a Taiwan invention patent is 20 years from the filing date.1

Utility Model: A Utility Model protects the shape or structure of an article or combination of articles that occupy a certain space. This does not apply to manufacturing or processing methods, chemical substances or compounds without shape or structure. The term for a utility model patent is 10 years from the filing date.2

Design Patent: A design patent protects the shape, pattern, color, or any combination thereof in whole or in part of an article's visual appeal. A design patent application may also be filed for computer generated icons and graphical user interface applied to an article. Design patents are granted for a term of 12 years from date of filing.3

Convention and treaty membership

Taiwan is not a member of any convention or party to any international patent treaties and it is therefore not possible to file applications under treaties such as the PCT.4

Taiwan is a member of the WTO (although not a country party to the Paris Convention), so it is possible to claim the priority of a Taiwanese patent application when a PCT application is filed, as set forth in Rule 4.10 of the Regulations under the PCT: “Any declaration referred to in Article 8(1) (“priority claim”) may claim the priority of one or more earlier applications filed either in or for any country party to the Paris Convention for the Protection of Industrial Property or in or for any Member of the World Trade Organization that is not party to that Convention.”5

International, National and Regional applications

For information regarding how to file international, regional or national patent applications in each country, we welcome you to contact us.

_____________________________

1 https://www.tipo.gov.tw/ct.asp?xItem=522209&ctNode=6818&mp=2

2 https://www.tipo.gov.tw/ct.asp?xItem=522224&ctNode=6818&mp=2

3 https://www.tipo.gov.tw/ct.asp?xItem=522248&ctNode=6818&mp=2

4 http://ip-science.thomsonreuters.com/m/pdfs/dwpicovkinds/taiwan.pdf

5 http://www.wipo.com.tw/wioeng/?p=257