The Intellectual Property Court of Taiwan oversees all the IP-related cases across the country. It’s established back in 2008 as a specialist court. They have jurisdiction when pursuing patent infringement cases in Taiwan.
If you want to file a Taiwan patent, you need to know some facts. This will help in ensuring that your IP has protection from possible infringement. Read on and learn more.
A good thing to remember is that Taiwan isn’t part of the Paris Convention or the Patent Cooperation Treaty. That means if you file a foreign application in a WTO member country, you can claim priority within 12 months in Taiwan. Otherwise, you need to have a business or residence in a WTO member country to be eligible for priority claims.
The Taiwan Patent Office recognizes Traditional Chinese as its official language. If you apply using a different language, you can later submit a translation. So far, the TPO allows these languages for their application:
You need to give a translation within four months after filing. You can extend this for two more months if you pay the necessary fees.
Here are some documents you should submit when applying for a patent in Taiwan:
A signed copy of the Power of Attorney is also a requirement. Make sure to submit it within four months after applying for a Taiwanese patent. Unlike other documents, you aren’t allowed to extend the deadline.
The good news is that you aren’t required to notarize or legalize the document. Also, you need to submit the Priority Document’s certified copy. You can submit a scanned copy, and the deadline is 16 months after you get the priority.
Upon getting the Notice of Allowance, you need to pay the grant fee within three months. For that, you’ll get about 20 years of patent protection. You need to pay annual fees a day before the publication date’s anniversary to maintain your patent.
If you can’t pay in time, it’s possible to file a late fee within a six-month grace period. This will start as soon as you pass the due date. Remember, you’ll need to pay a surcharge for your tardiness.
On average, the processing time for Taiwan patent application is two years. This assumes that you requested for a substantive examination as soon as you finished applying. For foreigners, it’s better to appoint a Taiwanese patent attorney to do the patent registration for you.
Did you find this guide helpful? If so, you can read our other posts and learn about IP laws and more.
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