Patent Application Encyclopedia

12-18 months

no

no

KIPO conducts formality examination and substantive examination of utility model patent applications, but only needs to meet the standards of novelty and practicality, and does not require inventive step.

via Paris Convention : 6 months from earliest priority date

2 years

yes

2 years

10-12 months

Yes (reason: due care), a request for restoration of rights can be filed within 2 months from the date of removal of the obstacle

20 years

4-5 years

6 months

• via Paris Convention : 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

via Paris Convention : 6 months from earliest priority date.

no

Authorization Fee: None

Annual Fee: Renewable every 5 years starting from the 5th year from the filing date.

Taiwan is not a signatory to the Paris Convention and the Patent Cooperation Treaty. After Taiwan's accession to the WTO, the issue of priority protection for international applications was resolved. Priority may be claimed within 12 months from the priority date if the foreign application was filed in a WTO member state. If the foreign applicant is not a citizen of a WTO member state, but has an office or residence in a WTO member state, he can also claim priority in Taiwan. After the patent application is submitted, TIPO conducts formality examination and substantive examination of the patent application. The formality examination does not conform to the prescribed procedures and there is nothing that should not be disclosed, and it will be published 18 months after the filing date. Within 3 years after the date of application for a patent for invention, anyone can apply for substantive examination and enter the stage of substantive examination. After the invention patent application has passed the substantive examination, the patent granted can be obtained.