|
| Q1: What is the non-statutory subject matter for an invention patent? |
According to Article 24 of the Patent Act, the non-statutory subject matter for an invention patent includes:
(1) Animals, plants, and essentially biological processes for the production of animals or plants, except for processes that produce microorganisms;
(2) Diagnostic, therapeutic, or surgical operation methods for the treatment of humans or animals; and
(3) An invention which is contrary to public order, morality, or public health. |
 |
| Q2: Can the applicant make a request to expedite the laying-open of an application? |
| yes. |
|
| Q3: Can a patent be granted for computer software? |
| Yes. The rules on patenting software in Taiwan are very similar to those in the USA, such as methodologies for solving problems by software, interface ideas, or E-commerce. |
|
| Q4: Can your firm also file a China Patent? |
| Yes. Many foreign clients do so. One reason is the costs saved on translation. |
|
| Q5: If the applicant is a citizen of a non-member country of the WTO, but has a residence or business office in a member country of the WTO, can the application still claim a conventional right of priority in the ROC? |
| Yes. If said applicant has a residence or business office in a member country of the WTO, the applicant shall also be entitled to claim priority. |
|
| Q6: What is the major difference between USA patent prosecution and Taiwan patent prosecution? |
| |
USA |
Taiwan |
| Examination request for Invention Patent |
All Invention Patent (Utility Patent) applications will be examined. |
Within 3 years of the filing day. |
| Extra Claim Official Fee |
Over 20 claims, 3 independent claims, multiple dependent claims |
Over 10 claims |
| Animal, Plant, Diagnostic, therapeutic, or surgical operation methods |
Statutory subject matter |
Non-statutory subject matter. |
| What if a patent is rejected? |
RCE, CIP or appeal. The examiner of the RCE is the same as in the previous examination. |
Filing a “re-examination” in IPO. A different examiner performs the “re-examination.” |
| Filing forms |
POA, Oath, Assignment (if any) |
POA , Assignment (if any)
General POA is acceptable. |
Utility Model Patent
(small patent) |
No. |
Yes, registration only (formality check), 10 years of protection. |
| Partial Protection for Design Patent |
Yes. |
No. |
| Similar Designs filed in one Design Patent Application. |
Yes. |
No. The applicant needs to file an “associated design patent.” |
| Protection Term for Design Patent |
14 years from date of issue. |
12 years from filing date. |
|
|
| Q7: What is the major difference between JP patent prosecution and Taiwan patent prosecution? |
|
Japan |
Taiwan |
Extra Claim Official Fee for Invention Patent |
Basic charge plus number of claims. |
Over 10 claims. |
Maintenance Fee |
Different charges based on number of claims. |
Fixed fees. |
Utility Model Patents |
A Utility Model Patent can transfer to an invention patent within 3 years. |
A Utility Model Patent can transfer to an invention patent before receipt of an allowance notice (within 4~6 months of the filing date). |
What if a patent is rejected? |
Appeal to the appeal board in JP IPO. |
Filing a “re-examination” in IPO. The examiner is different person in the “re-examination.” |
Filing forms |
POA
General POA is acceptable. |
POA , Assignment (if any)
General POA is acceptable. |
Partial Protection for Design Patent |
Yes. |
No. |
Similar Designs filed in one Design Patent Application. |
No. |
No. The applicant needs to file an “associated design patent.” |
Protection Term for Design Patent |
20 years from date of issue. |
12 years from filing date. |
|
|
| Q8: What is the major difference regarding EP patent prosecution and Taiwan patent prosecution? |
|
European Patent |
Taiwan |
Extra Claim Official Fee |
Over 15 claims. |
Over 10 claims. |
Multiple dependent claim depends on Multiple dependent |
Allowed |
Not Allowed (neither directly nor in directly) |
Independent Claim |
Basically only one Independent Claim is allowed in one subject matter category. |
More than one Independent Claims are allowed in one subject matter category. |
Annual (Maintenance) Fee |
From the 2nd year of the filing date. |
Payment begins after patent is issued. |
Search Report |
Two-stage examination: search report and examination request after receiving the search report. |
One-stage examination: within 3 years of the filing day. |
What if a patent is rejected? |
Appeal to the appeal board in EP patent office. |
Filing a “re-examination” in IPO. A different examiner performs the “re-examination.” |
Filing forms |
No. |
POA , Assignment (if any)
General POA is acceptable. |
|
|
| Q9: What is the major difference between KR patent prosecution and Taiwan patent prosecution? |
|
Korean |
Taiwan |
Extra Claim Official Fee for Invention Patent |
Basic charge plus number of claims. |
Over 10 claims. |
Maintenance Fee |
Different charge based on number of claims. |
Fix fees. |
Examination for Utility Model Patents |
Yes |
No, only registration (formality check). |
What if a patent is rejected? |
Appeal to the appeal board in Korean IPO. |
Filing a “re-examination” in IPO. A different examiner performs the “re-examination” from the previous examination. |
Filing forms |
POA
General POA is acceptable. |
POA , Assignment (if any)
General POA is acceptable. |
Partial Protection for Design Patent |
Yes. |
No. |
Similar Designs filed in one Design Patent Application. |
Yes, but only for limited classifications which are categorized as articles to be unexamined. |
No. The applicant needs to file an “associated design patent.” |
Protection Term for Design Patent |
15 |
12 years. |
|
|
| Q10: What is the major difference regarding CN patent prosecution and Taiwan patent prosecution? |
|
China |
Taiwan |
Extra Claim Official Fee for Invention Patent |
Over 10 claims, charged with filing procedure. |
Over 10 claims, charged with examination request procedure. |
Maintenance Fee |
Fix fees |
Fix fees |
Utility Model Patent |
Invention Patent and Utility Model Patent can be filed on the same day. |
Not allowed. |
What if a patent is rejected? |
Appeal to the appeal board in China IPO. |
Filing a “re-examination” in IPO. A different examiner performs the “re-examination” |
Filing forms |
POA
General POA is acceptable. |
POA , Assignment (if any)
General POA is acceptable. |
Partial Protection for Design Patent |
No |
No. |
Similar Designs filed in one Design Patent Application. |
Yes, but only accept for less than 10 associated designs. |
No. The applicant needs to file an “associated design patent.” |
Protection Term for Design Patent |
10 years |
12 years. |
TOP |
