FAQs

A patent is an intellectual property right which is examined and granted by the competent authority (e.g., Patent Office) to an inventor, a utility model creator, or a designer “to exclude others from exploiting the creation without the patentee’s consent” for a limited time period in exchange for public disclosure of the creation when the patent is granted.

There are three types of patents, including invention, utility model, and design patent.

Though a patent application for the same creation has been filed in another country, a patent application still should be filed in ROC for obtaining patent protection in ROC. However, if the same creation has been already made public by the competent authority (e.g., Patent Office) of a country, it is not patentable in ROC due to lack of novelty.

An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.

If all these persons had a share in the ideas forming the creation as defined in the claims – even if only as to one claim, they are joint creators, the right to apply for a patent is jointly owned by them, and a patent will be issued to them jointly on the basis of a proper patent application.

No. It is not required. This requirement is repealed in the 2011 amendment of the Patent Act and applicants are not required to provide such document after Jan. 1, 2013.

The application form must be written in traditional Chinese characters. The description, claim(s) and drawing(s) can be filed in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish other than Chinese.
A Chinese translation for the said documents must be submitted within a specified time period, otherwise the patent application shall be dismissed.

The Chinese translations of those foreign language documents must be provided within 4 months for invention and design patent application, and 2 months for utility model patent application from the date of submitting the foreign language documents.
Prior to the expiration of the time period, the applicant may make a request for an extension. The total time period for submitting the Chinese translations may up to 6 months from the date of submitting the foreign language documents.

A grace period is a period of time before the date of filing a patent application during which certain kinds of disclosure of the creation would be excluded when determining the novelty and inventive step of the creation. The duration is 6 months, calculated from the date of earliest disclosure to the filing date.
Three types of disclosure made by the patent applicant are covered by grace period:
(1) disclosed as a result of conducting a test (not available for design);
(2) disclosed in a printed publication;
(3) displayed at an exhibition held or recognized by the Government.
Moreover, where the invention, utility model or design was disclosed without the consent of the applicant, such disclosure is also covered by grace period.
An applicant claiming for a grace period should state each fact and the relevant date of the disclosure at the time of filing and provide document(s) of proof within the time period specified by TIPO.

The citizens or residents of the member of the World Trade Organization(WTO) may enjoy the benefits of a priority right based on the first application filed in any WTO member if the ROC patent application is filed no later than 12 months after filing the first application. With respect to a design application, the time period is 6 months from the filing date of the first application.
When you claim a priority, you have to do the following:
(1) To specify the name of the country where the first application was filed, the filing date and the application number on the Request form, and
(2) To submit the priority document within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed. (Please note that with respect to a design application, the time period should be 10 months from the earliest priority date)

Where an applicant unintentionally fails to claim priority at the time of filing, or where the priority claim is deemed not to have been made due to not specify the filing date of the first patent application or the name of the country (or WTO member), he/she may, within 16 months after the earliest priority date, apply for reinstatement of priority claim, pay the required fee, and undertake the actions that should have been done.
Please note that with respect to a design application, the time period to apply for reinstatement of priority claim should be 10 months from the earliest priority date.

Yes. Where an applicant has filed a patent application for invention or utility model in ROC, he/she can claim priority of the earlier application (domestic priority) in a subsequent patent application for invention or utility model if the original invention or utility model has been further improved. You should do so no later than 12 months after the filing date of the earlier patent application, and specify the filing date and the application number of the earlier patent application. The earlier patent application will be deemed to have been withdrawn upon an expiry of 15 months after its filing date.

For adding a further inventor, the applicant must submit a written request, accompanied by documents of proof with respect to the consent from each designated inventor (newly added inventor(s) included) together with the change fee to TIPO.
For deleting an inventor, the applicant must submit a written request, accompanied by a statement from the deleted inventor declaring he/she is not an actual inventor together with the change fee to TIPO.
Where an incorrect inventor designation was resulted from the clerical error, the applicant must submit a written request stating the reason, accompanied by the relevant document of proof together with the change fee to TIPO.

The assignment of right for a patent application (or patent right) shall become effective between the parties upon mutual agreement of the parties concerned, but it is not effective against any third party unless it is recorded at TIPO.
In order to record an assignment for a patent application (or patent right), the following must be submitted to TIPO by the assignor or the assignee together with the recording fee:
(1) the recordation form of assignment of right for a patent application (or patent right);
(2) the assignment contract, the document of proof for the amalgamation or acquisition, or other document(s) of proof with respect to the assignment;
(3) the documents of proof with respect to the consent of all applicants (or patent owners) while the right for a patent application (or patent right) is jointly owned;
(4) the photocopy of gift tax payment certificate, or gift tax exemption certificate, or exclusion from total amount of gifts certificate, or consent to transfer certificate (not required for the assignment of right for a patent application) issued by the competent tax authority while the legal ground for assignment of a patent right is gift and the assignor is a natural person.

Yes. You can amend your patent application during the examination. However, if TIPO has issued an office action, you can only make amendment(s) within the time period specified by TIPO. Please note that any amendment shall not extend beyond the scope of content disclosed in the description, claim(s), or drawing(s) as filed.
In the case of a patent application for invention, TIPO may, as it deems necessary, issue a final notice after having issued an office action. The applicant who would like to amend claim(s) after a final notice has been issued shall only make the following amendments within the time period specified therein:
(1) to delete claim(s);
(2) to narrow down the scope of claim(s);
(3) to correct errors; or
(4) to clarify ambiguous statement(s).

You may request for conversion of the patent type of application as below:
An invention may be converted into a utility model.
An invention may be converted into a design.
A utility model may be converted into an invention.
A utility model may be converted into a design.
A design may be converted into a utility model.
A design may be converted into a derivative design.
A derivative design may be converted into a design.

You may request for patent conversion before an approval decision of the patent application is served.
Where a patent application originally filed for invention or design is rejected, you may request for conversion of application within 2 months after the date on which the decision of rejection is served. Where a patent application originally filed for utility model is rejected, you may request for patent conversion of application within 30 days after the date on which the decision of rejection is served.

Yes. The divisional patent application shall be accorded the same filing date of the original application.
An applicant shall file a divisional patent application before a final decision on the original application is rendered. However, if the original application is a patent application for invention and the approval decision is not a reexamination decision, a divisional application may still be filed within 30 days after receipt of the approval decision.

Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the expected purpose(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

An invention patent shall not be granted in respect of any of the following:
(1) animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
(2) diagnostic, therapeutic or surgical methods for the treatment of humans or animals;
(3) Inventions contrary to public order or morality.

When an invention patent application is filed at TIPO, the invention is initially kept secret. However, the invention will be published after 18 months from the filing date or the earliest priority date, even if the examination is not yet concluded. The applicant may also request it to be published earlier. The applicant may also withdraw the application within 15 months after the filing date or the earliest priority date so that details of the invention will not become available to the public.

An invention patent application will not be examined unless a “Request for Substantive Examination” has been received by TIPO. If a “Request for Substantive Examination” is not submitted within three years of the filing date of the invention patent application, the invention patent application is deemed to have been withdrawn.

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC after the date on which the notification is served. You should respond by submitting a written argument or a written amendment, depending on the situation. Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC.
If you don’t respond before the deadline, TIPO will make the decision of refusal.

If an invention patent applicant is dissatisfied with a decision of refusal, he/she may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.

A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Manufacturing method, processing method, using method, chemical substance or compound without concrete shape or structure does not meet the definition of utility model.

If you file a patent application for invention and a patent application for utility model for the same creation on the same date, before an approval decision on the patent application for invention is rendered, TIPO will require you to make a selection to avoid double patenting. Once the invention patent application is selected, the utility model patent right will extinguish on the publication date of the invention patent.
To enjoy this continuous protection, you must declare the existence of the other application at the time of filing in both applications, and must maintain the validity of the utility model patent until the publication date of the invention patent.

TIPO adopts formality examination instead of substantive examination for a utility model patent. After a utility model patent application is accepted, TIPO will take the initiative in conducting the formality examination automatically.

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 1 month for applicants residing in ROC and 2 months for applicants residing outside ROC. You should respond by submitting a written argument or a written amendment, depending on the situation.
Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 1 month for applicants residing in ROC and 2 months for applicants residing outside ROC.
If you don’t respond before the deadline, TIPO will make the decision of refusal.

If a utility model patent applicant is dissatisfied with a decision of refusal, he/she may file an administrative appeal to the Petitions and Appeals Committee of the Ministry of Economic Affairs within 30 days after the date on which the decision of refusal is served.If a utility model patent applicant is dissatisfied with a decision of refusal, he/she may file an administrative appeal to the Petitions and Appeals Committee of the Ministry of Economic Affairs within 30 days after the date on which the decision of refusal is served.

Owing to patentability is not substantively examined for a utility model patent application, there is considerable unstableness and uncertainty with respect to validity of a utility model patent. If a patentee inappropriately exercises such uncertain right, the patent rights may possibly be abused, which may hinder a third person’s research and development. Therefore, anyone is allowed to request TIPO for a Technical Evaluation Report in order to clarify if the said utility model patent complies with the patentability. However, the Technical Evaluation Report is merely a reference for exercising the rights to utility model patent or for technical reference. Anyone having a cause as to that a utility model patent should not be approved has to institute an invalidation action in order to revoke such utility model patent.

A design means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article.

A design patent shall not be granted in respect of any of the following:
(1) the shape of an article solely dictated by its function;
(2) fine arts;
(3) the layout of integrated circuits and electronic circuits;
(4) an article contrary to public order or morality.

The drawing(s) shall contain sufficient views so as to fully disclose the appearance of the claimed design.
The views may include a perspective view, a front view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan view, an element view, or other auxiliary views. Where the design is three-dimensional, the drawing(s) shall contain a perspective view; where the design is applied to a boundless plane in form, the drawing(s) shall contain an element view.

A substantive examination of a design patent application is required to determine whether a patent can be granted for the design. Once a design patent application is accepted, TIPO will take the initiative in conducting the substantive examination automatically.

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC. You should respond by submitting a written argument or a written amendment, depending on the situation.
Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC.
If you don’t respond before the deadline, TIPO will make the decision of refusal.

If a design patent applicant is dissatisfied with a decision of refusal, he/she may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.

You should pay the certificate fee and the first-year patent annual fee within 3 months after the service of the approval decision, then the granted patent will be published. At the same time, a patent number is attached and a certificate of patent will be sent to the applicant. The granted patent shall be effective on the date of publication thereof.

An invention patent is granted for a term which begins with the publication date of the grant and ends 20 years from the filing date of the patent application.
A utility model patent is granted for a term which begins with the publication date of the grant and ends 10 years from the filing date of the patent application.
A design patent is granted for a term which begins with the publication date of the grant and ends 12 years from the filing date of the patent application.

Patent annual fees must be paid to maintain the patent in force. The first-year patent annual fee of the year in which the patent right is granted shall be paid before the publication of grant. The subsequent annual fees shall be paid in advance prior to the commencing date of the subsequent year.

An applicant who unintentionally fails to pay the first-year patent annual fees and the certificate fee on time may pay the patent certificate fee and two times the first-year patent annual fees within 6 months after the original time period has expired.
If the annual fees for the second or any subsequent year are not paid within the prescribed time period, a six-month grace period is provided when the annual fees may be paid with a specified percentage surcharge; the maximum of the surcharge shall be the same as the amount originally due. If both the annual fee and surcharge are not paid during the grace period, the patent extinguishes on the original due date. However, a patentee who unintentionally fails to pay a patent annual fee and surcharge within the six-month grace period on time may apply for reinstatement of the patent rights within 1 year after the expiration of the grace period by paying triple the amount originally due.

After a patent has been granted, any person (with the exception of the patent owner himself) may request for an invalidation action against the patent with TIPO. However, where a patent application was not filed by all the joint owner(s) of the right to apply for a patent, or where the patentee is not the owner of the right to apply for a patent, an invalidation action based on these grounds shall only be filed by the interested party.
Where a patent contains more than one claim, an invalidation action may be filed against parts of the claims. The requestor must state at least one ground for invalidation under Article 71, Article 119 or Article 141 of the Patent Act and indicate facts, evidences and arguments presented in support of the ground(s).
Where an invalidation action against a patent is considered well grounded, the patent right shall be revoked; such revocation may be made on a claim-by-claim basis. Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.

You may demand a person who infringes or is likely to infringe your patent right to stop or prevent such infringement. In case an infringement of invention patent right occurs due to intentional act or negligence, you may claim for damages suffered therefrom.
The patent infringement case is not subject to criminal or administrative penalty. For protecting your patent right, you can file a civil action to the Intellectual Property Court.