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

  • 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.

    • 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.
  • 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. Power of Attorney
    5. Certified Priority Document
    6. Translation of the first page of the priority certificate
    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.

  • TIPO only conducts formality examination of utility model patent applications, and can quickly obtain patent granted by judging whether the formal requirements are met according to the description and drawings. After the granted announcement, anyone can obtain the patent technical report of the utility model application.

  • TIPO conducts formality examination and substantive examination of design patent applications, and the request for substantive examination must be filed within 3 years from the filing date/priority date.

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

  • no

  • A 12-month novelty grace period is available if:

    • Disclosure of designs at exhibitions held or recognized by Taiwan authorities
    • Disclosure of Disclosures Without the Applicant's Consent

      The design application shall be submitted to TIPO within 6 months after the above disclosure and the corresponding evidence shall be submitted.

  • no

  • no