 How many categories of patent are classified for filing in Taiwan?
Patent are classified differently in different countries. Pursuant to the provisions of the ROC Patent Act, patents are classified into three categories, Invention patents; Utility model patents and Design patents.
 Why should be submitted an invention or a creation for a patent?
The term “Patent” is enacted for protecting the right of inventor and creator. We apply through the Taiwan Intellectual Property Office for a patent. Patent rights are granted after the application is examined and approved under the Patent Act, and pursuant to the provision of Article 58 of the Patent Act, unless otherwise provided for in the Patent Act, the patentee of a patented article shall have the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article without his/her prior consent. The patentee of a patented process shall have the exclusive right to preclude other from implement without his/her prior consent. If anyone want to implement the patent right, he/she must acquire the license or assignment from the patentee.
 Whether filing a patent application must be through a patent agent in Taiwan?
Pursuant to the provision paragraph 1 and 2 of Article 11 of the Patent Act, an applicant, holder or other interested person who has no domicile or business establishment in the territory of the R.O.C shall designate an agent to file patent application or handle patent-related matters on his/her behalf. Otherwise, to file by themselves.
 Which document shall be submitted for filing? How to make sure the filing date?
Pursuant to the provision subparagraph 1 of Article 25 of the Patent Act, an application for an invention patent shall be filed along with a request, a description, claim(s), an abstract, and the necessary drawing(s). Pursuant to the provision subparagraph 2 of Article 25 of the Patent Act, the filing date of an invention application shall be the date on which the request,description,claim(s),and the necessary drawing(s) are submitted in full.
 When does the protection of patent rights begin? And how does one calculate the patent term?
The granted patent shall be effective on the date of publication thereof.
Patent rights shall start from the date of patent grant publication.
The patent term of an invention patent shall be twenty years(A utility model patent shall be ten years ；a design patent shall be twelve years) from the filing date of the invention patent application.
 What does “World Patent” mean?
A patent is only effective in the countries or territories, where it is granted, and not effective in other countries or territories. Therefore, a patent is filed, examined, and granted separately in each country. The so-called”World Patent” or “Internation Patent” does not exist.
 How does one maintain the validity of a patent?
One shall, pursuant to the Patent Act, pay annuities to prevent the right from extinguishing, if a third person institute an invalidation action, the statement of defense should not be neglected to prevent revocation.
 What is an invalidation proceeding?
With regards to patent, if the ownership of the patent is involved, only an interested party may institute an invalidation action.Otherwise, anyone who believes a patent violating the provision of the Patent Act, may institute an invalidation action, to request for revocation of said patent.
 Is a recordal of changes of patent necessary when changes occur to the patent?
 And will a change of patent be published?
When changes occur to a patent, only if it is recorded, shall it have locus standi against any third party. TIPO shall effect such publication in the Official Patent Gazette.
 How does one calculate the expiration date of patent annuities? Are there any reduction ?
Patent annuities shall be calculate from the date of publication. Thr first year annuity shall be paid pursuant to the provision of paragraph 1, Article 51 of the Patent Act. As for the second annuity and the annuities thereafter, which shall be made prior to the expiration of each of the current year patent.
 The process of filing patent in Taiwan：
Some informations of the above matter originate from TIPO
http://www.tipo.gov.tw/mp.asp?mp=1 |
Patent Q&A
