Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
3.
Obtaining a patent
3.1
Which governing body controls the registration procedure?
 
Taiwan
The Taiwan IP Office.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.2
What is the cost of registration?
 
Taiwan
The official filing fee for an invention patent application is around US$100. If priority is claimed, roughly US$90 shall be additionally incurred.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.3
What are the grounds to reject a patent application?
 
Taiwan
Formality issues put aside, a patent application may be rejected if it lacks industrial applicability, novelty or inventive step.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.4
What programmes or initiatives are available to accelerate or fast track examination of patent applications?
 
Taiwan
A patent applicant can take advantage of the Accelerated Examination Programme (AEP) or the Patent Prosecution Highway Programme (PPH), as follows:

  • An AEP request may be filed under either of the following conditions:
    • A foreign counterpart has been allowed or issued; or
    • The applicant is planning to commercially practise the claimed invention.
  • To request accelerated examination under the PPH, the Taiwanese application must claim priority to a corresponding US, Japanese, Korean, Spanish or Polish application, or a Patent Cooperation Treaty application designating the United States, Japan, Korea, Spain or Poland.
For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.5
Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?
 
Taiwan
A multiple dependent claim shall not serve as a basis for any other multiple dependent claims.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.6
Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?
 
Taiwan
Yes. An extension of patent term of a maximum of five years is possible for an invention patent that claims a pharmaceutical or agrochemical composition, a method of manufacturing the pharmaceutical or agrochemical composition, or a specific use of the pharmaceutical or agrochemical composition. Such pharmaceutical and agrochemical compositions do not include those for veterinary use.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.7
What subject matter is patent eligible?
 
Taiwan
According to Article 24 of the Patent Law, an invention patent shall not be granted in respect of any of the following:

  • animals, plants and essential biological processes for the production of animals or plants, except for processes for producing micro-organisms;
  • diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and
  • inventions that are contrary to public order or morality.

On top of the above-listed restrictions, the eligible subject matter of a patentable utility model is further limited to the shape or structure of an article or a combination of articles.

A design patent is a novel and creative design of the shape, colour or pattern, or any combination thereof, of an article, either in whole or in part, with visual appeal. Eligible subject matter of a design patent also includes computer-generated icons and graphic user interfaces applied to an article.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
3.8
If the patent office does not grant a patent, is an appeal available and to whom?
 
Taiwan
Yes, an appeal is available to the Petitions and Appeals Committee of the Ministry of Economic Affairs and, after that, to the Taiwan IP Court.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices