Patents Laws in Taiwan
Sure! Here's an overview of Patent Laws in Taiwan:
Patent Law in Taiwan
Taiwan's patent system is governed by the Patent Act (專利法), administered by the Intellectual Property Office (TIPO) under the Ministry of Economic Affairs.
1. Legal Framework
Patent Act: First enacted in 1944, with several amendments, the most recent significant revisions were made to align with international standards and improve patent protection.
Governing Authority: Taiwan Intellectual Property Office (TIPO).
2. Patentable Subject Matter
Taiwan allows patents on inventions that are:
New,
Involve an inventive step (non-obvious),
Capable of industrial application.
Patentable inventions include:
Products or processes,
Improvements to existing products or processes.
Non-patentable items typically include:
Scientific discoveries,
Methods for medical treatment,
Designs or aesthetic creations (covered under separate design laws),
Schemes, rules or methods for intellectual activities, business, or computer programs (unless they produce a technical effect).
3. Patent Term and Rights
Patent Term: 20 years from the filing date for invention patents.
Utility models (a separate category) have a term of 10 years.
Patent holders have the exclusive right to make, use, sell, or license their invention in Taiwan.
4. Application Process
Applications are filed with TIPO.
Documents required:
Patent application form,
Description,
Claims,
Abstract,
Drawings (if applicable).
Taiwan also allows filing via the Patent Cooperation Treaty (PCT) route for international applications.
5. Examination
Taiwan has a substantive examination system: examination is requested separately (within 3 years of filing).
If examination is not requested, the application is deemed withdrawn.
The office examines novelty, inventive step, and industrial applicability.
6. Publication and Opposition
Patent applications are published 18 months after the earliest filing date.
Third parties can file observations during the examination.
Post-grant, oppositions can be filed within a prescribed period.
7. Enforcement
Patent owners can enforce rights through administrative actions at TIPO or through civil courts.
Remedies include injunctions, damages, and seizure of infringing goods.
8. International Treaties
Taiwan is a member of:
Patent Cooperation Treaty (PCT) (effective since 1994),
Paris Convention,
TRIPS Agreement (through WTO participation),
Madrid Protocol for trademarks,
Other bilateral agreements on IP.
Summary
Taiwan offers strong patent protection aligned with international standards.
Separate systems exist for invention patents and utility models.
The patent term for inventions is 20 years.
Taiwan accepts PCT applications, facilitating international patent filings.
Substantive examination requires a request; no automatic examination.
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