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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Patents
3.
Obtaining a patent
3.1
Which governing body controls the registration procedure?
Taiwan

Answer ... 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

Answer ... The official filing fee for an invention patent application is around US$100. If priority is claimed, roughly US$90 will 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

Answer ... Formality issues 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

Answer ... 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

Answer ... A multiple dependent claim cannot 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

Answer ... 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

Answer ... 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 these 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.

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

Answer ... Yes, an appeal is possible to the Petitions and Appeals Committee of the Ministry of Economic Affairs and, after that, to the Taiwan IP and Commercial Court.

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