SAINT ISLAND INTELLECTUAL PROPERTY GROUP

Details of the Applicant, including his name, address, and nationality, are required at the time of filing.

To file an invention patent application or a utility model application, the Applicant needs to submit the specification, the claims, and the drawings.
 

To file a design application for a three-dimensional design, the Applicant needs to submit drawings or photos illustrating the six views (i.e. front view, left side view, right side view, bottom view, top view and rear view) and the perspective view of the design. To file a design application for a two-dimensional design, the Applicant needs to submit drawings showing the front view and the recurring unit of the design (if applicable). The Applicant may submit auxiliary figures, if necessary.

Any foreign Applicant, whose country of origin is a WTO member or who has a domicile or a place of business within the territory of a WTO member country, is entitled to claim priority in Taiwan based on his invention patent or utility model application first filed in any member country of the WTO within 12 months (or 6 months in case of a design application) of the filing date in Taiwan. When claiming priority, it is advisable to indicate the filing date and serial number of the basic priority application at the time of filing.
 

No. The Chinese-translated specification can be submitted on a belated basis, i.e. within 4 months from the filing date, and a 2-month time extension is obtainable, if necessary.
 

The deadline for submitting the priority document is 16 months (for invention and utility model applications) or 10 months (for design applications) from the earliest priority date, with no time extension available. 

In case of claiming priority to a Japanese or Korean application, the Applicant need not submit the priority document. The Taiwan IP Office (TIPO) can obtain the document from JPO or KPO electronically.
 

The name and nationality of the inventor(s) and a Power of Attorney duly signed by the Applicant (a photocopy or a scanned copy is sufficient) are needed. Such information and document can be submitted on a belated basis, i.e. within 4 months from the filing date, and a 2-month time extension is obtainable, if necessary.

No.

No. It is necessary to conduct a partial assignment recordal. Otherwise, the filing date will be postponed to a later date.

As long as the foreign corresponding application remains unpublished, the Applicant can still file a patent application for his same invention in Taiwan.

The Taiwanese Patent Law provides a 12-month grace period for an invention that was published in any printed publication other than a patent publication. As such, the Applicant can still file the application within the 12-month grace period.

No.

No. Taiwan is not a PCT member country.

Yes. The Applicant shall deposit the same biological material in a domestic depository designated by the Taiwan IPO within 4 months from the filing date or within 16 months from the earliest priority date, whichever is later. The local depository requirements can be bypassed only when the biological material has been deposited in a foreign depository recognized by the UK IPO or the JPO with which the Taiwan IPO has signed an agreement.

Yes.

A utility model application in Taiwan is not subject to substantive examination as to novelty and inventive step. As long as the formality requirements of a utility model application are fulfilled, the application will mature into a registration (in about 4~6 months) with a duration of 10 years from the filing date. However, a utility model patent cannot afford presumption of validity; the owner will need to request the Patent Office to conduct substantive examination as to novelty and inventiveness before he can enforce his right against an alleged infringer.

No. Since “utility model” means any innovation made with respect to the shape, structure or assembly of an article from a technical concept based on the natural laws, utility model patents in Taiwan do not offer protection to “methods” or “software”.

According to the local unity-of-design requirement, a design application can cover one embodiment only. However, the Applicant can initially file a single design application for more than one embodiment and subsequently file a divisional application(s) therefrom during examination.

“Broken lines” can be used to illustrate “the non-claimed design portion” of a claimed design, unless otherwise specified.

To be specific, the Taiwanese Patent Law permits the filing of “partial design” applications to protect the partial appearance of an article of manufacture. In this regard, solid lines shall be used to illustrate “the claimed design portion” of the claimed design, and broken lines, grey scale coloring, or semi-transparent coloring can be used to illustrate “the non-claimed design portion”.
 

No. A design application can claim one only priority. Claiming multiple priorities (or partial priority) is not permitted.

Yes. When a color is claimed, the color should be clearly illustrated in the drawings.

Yes. A design application will undergo examination soon after the formalities are fulfilled. In other words, there is no need to file a request for substantive examination. In general, the Applicant may expect to receive a first examination report from the Examiner in about 4~6 months.