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 This requirement is repealed in the 2011 amendment of the Patent Act and applicants are not required to provide such document after Jan. 1, 2013.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.