Novelty Grace Period for Invention Patent Application in Taiwan, China

Submitted by 页之码 on

If the invention is disclosed intentionally or unintentionally by the applicant, or the disclosure is made with or without the consent of the applicant, a 12-month novelty grace period may be enjoyed.

专利申请流程

  • via Paris Convention : 12 months from earliest priority date.

  • 15 years

  • Bureau of Intellectual Property, Ministry of Economic Affairs

    English: Taiwan Intellectual Property Office, Ministry of Economic Affairs, ROC, abbreviation: TIPO

    Website: www.tipo.gov.tw

    Taiwan Patent Search: Republic of China Patent Information Search System (tipo.gov.tw)

  • If the invention is disclosed intentionally or unintentionally by the applicant, or the disclosure is made with or without the consent of the applicant, a 12-month novelty grace period may be enjoyed.

  • via Paris Convention : 12 months from earliest priority date.

  • If the invention is disclosed intentionally or unintentionally by the applicant, or the disclosure is made with or without the consent of the applicant, a 12-month novelty grace period may be enjoyed.

  • Filing Language: Traditional Chinese

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Certified Priority Document
    2. Power of Attorney
    3. Certified Priority Document
    4. Translation of the first page of the priority certificate
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

    On November 22, 2010, the State Intellectual Property Office of China began to implement the "Several Provisions on Patent Applications for Taiwan Compatriots", which stipulates that both parties agree to confirm the validity of the first application date of the other party's patents, trademarks and variety rights in accordance with their respective regulations, and Actively promote the making of corresponding arrangements to protect the priority rights and interests of people on both sides of the strait.

  • Filing Language: Traditional Chinese

    via Paris Convention

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Certified Priority Document
    5. Translation of the first page of the priority certificate
    6. Power of Attorney
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
    9. Notification issued by CNIPA notify the applicant the application has passed through the security review

    On November 22, 2010, the State Intellectual Property Office of China began to implement the "Several Provisions on Patent Applications for Taiwan Compatriots", which stipulates that both parties agree to confirm the validity of the first application date of the other party's patents, trademarks and variety rights in accordance with their respective regulations, and Actively promote the making of corresponding arrangements to protect the priority rights and interests of people on both sides of the strait.

    • Grant fee: Pay the granted official fee within 3 months after receiving the granted notice (no extension) and pay the annual fee due in the year of granted at the same time.
    • Annuity: The annual fee is calculated from the first year, and the annual fee should be paid within 3 months after receiving the granted notice. The payment deadline for subsequent annual fees is the day before the announcement date of each year. If the annual fee is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.
    • Grant fee: Pay the granted official fee within 3 months after receiving the granted notice (no extension possible).
    • Annuity: The annual fee is calculated from the first year, and the annual fee should be paid within 3 months after receiving the granted notice. The payment deadline for subsequent annual fees is the day before the announcement date of each year. If the annual fee is overdue, the payment can be postponed within the grace period of 6 months, and the penalty should be paid at the same time.