Guidance of Filing Patent Application in Taiwan

2016-08-31
BORSAM IP
BORSAM IP  ————————————————
Taiwan has its own IP system. The Intellectual Property Office of Ministry of Economic Affairs, R.O.C is the department handling the issues relating to patents, industrial designs and trademarks in Taiwan.
 
There are three types of patents in Taiwan –they are invention patent, utility model patent and design patent.
 
1. How can I file a patent application in Taiwan?
 
Applicant can directly file patent applications in Taiwan or claiming the priority rights within 12 month to file Taiwanese patent applications.
 
However, Taiwan is not a member under Patent Cooperation Treaty (PCT), so applicant cannot file patent applications in Taiwan through PCT.
 
 
2. What are the filing requirements of three types of patent applications?
 
2.1. Invention Patent/Utility Model Patent
a. Applicant’s name, address and nationality;
b. Inventor’s name and nationality;
c. Executed power of attorney;
d. Specification including title, description, claims, abstract and drawings;
e. Priority information, if any;
f. Certified priority documents, if any;
g. Assignment, if the applicant for TW application is different with the one in certified priority
documents;
 
2.2. Industrial Design
a. Applicant’s name, address and nationality;
b. Designer’s name and nationality;
c. Executed power of attorney;
d. Brief description of the product;
e. Drawings of the design, i.e. six-view of the design;
f. Priority information, if any;
g. Certified priority documents, if any;
h. Assignment, if the applicant for TW application is different with the one in certified priority
documents;