Patent

Taiwan

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
No
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Yes
Type of Application
Convention Application and Non-convention Application
Time Period
N/A
Extended Deadline
N/A
Patent of Invention
20 Years
Utility Model Patent
10 Years
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
For invention patent involving a pharmaceutical or agrichemical, or the manufacturing process thereof, if regulatory approval obtained after the publication of the concerned invention patent, the patentee may apply for one and only one extension of the pa

PROSECUTION

Basic Number of Pages
50 Pages
Basic Number of Claims
10 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process, Swiss-type and Programmed Computer or Software
Invention Specification
N/A
Language of Specification
Traditional Chinese
Translation required
Yes
Due date to file the translation
On Filing Date
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Signed
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2 - 7 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
2 - 7 Months
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
36 Months
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
18 - 36 Months
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
After Pre-Grant Publication and submission of Accelaration Examination Request
Deadline to File the Reply
3 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
6 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
18 Months
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
2 Months (approx)

OPPOSITION

Applicability of Opposition
N/A