• Patent fees

Fees associated with filing patent applications in Taiwan, as well as other patent fees, are available in the fee calculator.

• Term for filing a patent application in Taiwan

Taiwan is not a member of the Paris Convention or the Patent Cooperation Treaty. The issue of claiming priority right for international patent protection was solved after Taiwan’s accession to the WTO. If the foreign application is filed in a WTO member country, the priority may be claimed for the Taiwanese patent application within twelve months from the priority date. If the foreign applicant is a citizen of a non-member country of the WTO but has a place of business or residence in a WTO member country, he may also claim priority in Taiwan.

• Filing requirements in Taiwan

The official language of the Taiwan Patent Office is Traditional Chinese. Filing in a different language with late submission of Traditional Chinese translation is possible. The allowable languages are Simplified Chinese, Arabic, English, German, French, Spanish, Portuguese, Russian, Japanese or Korean. The translation should be provided within 4 months from the filing date; the term may be extended for additional 2 months.

A patent application in Taiwan should contain a request, a description, claim(s), an abstract, and any necessary drawing(s).

A simply signed copy of Power of Attorney should be provided within 4 months from filing a Taiwanese patent application; extension of the said term is not possible. Notarization or legalization is not required.

A certified copy of the Priority Document should be submitted within 16 months from the date of priority. The translation of the front page into Chinese is required. Submission of an electronic copy (scan) of the priority document is acceptable.

It is not necessary to provide an Assignment Deed to the Taiwanese Patent Office, if the applicant is not the inventor.

• Examination of a Taiwanese patent application

Patent applications undergo formal and substantive examinations. A request to conduct the substantive examination of a patent application in Taiwan should be made within three years from the date of filing.

• Novelty grace period

The novelty grace period of 12 months before filing an application is applicable in Taiwan if the information on the invention was disclosed intentionally or unintentionally by the applicant or such a disclosure was made either with or against his consent.

• Grant, validity term and maintenance fees

The official grant fee for a patent in Taiwan should be paid within three months from receiving the Notice of Allowance (no extension is possible). Patents in Taiwan are in force for twenty years from the filing date. Annual fees are due each year starting from the 1st one and should be paid within three months from the receipt of the Notice of Allowance. The succeeding annuities should be paid one day before the anniversary of the publication date. Late payment is possible within a six-month grace period after the due date by paying a corresponding surcharge.

• Duration of registration procedure

Average processing time for patent registration procedure in Taiwan is 2 years provided that substantive examination is requested shortly after the filing date.

• Utility Model

Inventions may also be protected as Utility Models in Taiwan, which are subject to formal examination only.

Utility Model in Taiwan shall be granted to the creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature.

Maximum protection period of a utility model in Taiwan is ten years from the date of filing.

• Representation by a patent attorney

For foreigners, it is recommended to perform patent prosecution in Taiwan through a registered Taiwanese patent attorney.

• Note

Online Search Database for Taiwanese Patents.

Brief summary is based on the information provided by TJIP International Patent Trademark Firm on 17.02.2023
Please contact us if the above information is not in conformity with Taiwanese IP Laws.