Patent Application Encyclopedia

The initial protection is 6 years, which can be extended twice, up to a maximum of 10 years.

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.

The UKIPO conducts formal and substantive examinations of patent applications for inventions. The applicant should submit an official search request and pay the corresponding fees at the same time as filing the application, or within 12 months from the priority date, and submit a substantive examination request within 6 months after the patent is published.

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

• Publication at official or officially recognized international exhibitions
• Malicious disclosure by a third party

10 years

12-18 months

8-10 years

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

20 years

no

15 years

no

via Paris Convention : 6 months from earliest priority date.

no

2 years

via Paris Convention : 6 months from earliest priority date.

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

INPI only conducts formality examination of utility model patent applications, and does not conduct search and substantive examination. However, in case of litigation, a search report needs to be submitted.