Taiwan

Spruson

taiwan patent spruson

Overview of Taiwan

Capital: Taipei

Population: 23.3 million (est. 2012)

Languages: Mandarin

Area: 36,000 km²

Currency: Taiwanese Dollar (TWD)

Legal System: Civil law system

 

Patent Practice Summary

Filing Statistics

tai_graph

Key Issues

  • All litigation and prosecution in Mandarin (Traditional)
  • Ranked 23rd in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

  • Specialized IP Court for patent litigation matters since 2008
  • Technical Examination Officers can be appointed to assist Judges in technical matters
  • Disputing parties allowed to engage experts to issue infringement / non-infringement opinions
  • Witness testimonies relied upon
  • Infringement proceedings are civil disputes, i.e., no criminal liability
  • Prior use (before filing date of patent) is a defence to patent infringement

Prosecution

  • Patentable subject matter – all subject matter patentable except animals, plants, and essential biological processes for the production of animals or plants; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; inventions contrary to public order or morality
  • Local Substantive Examination procedure required
  • Voluntary amendments may not introduce subject-matter extending beyond the scope of the application as originally filed
  • Double patenting is a ground of refusal
  • Voluntary Divisional applications possible

Other issues

  • Not a Contracting State to the Patent Cooperation Treaty
  • Priority claim to an earlier application filed in a WTO country recognized by the TIPO
  • Six-month novelty grace period available for disclosures made by the Applicant in a pre-filing publication
  • An invention can be protected under either an Invention Patent or a Utility Patent but not both
  • Patent Term Extensions – possible on grounds of delay in patent exploitation caused by requirement for regulatory approval
  • No pre or post-grant opposition procedure available presently
  • Parallel importation permitted
  • Pharmaceutical Data Exclusivity Laws – data and market exclusivity (5 years)
  • Patent Linkage not available presently

Filing Requirements in Taiwan

 

Affiliations

Bodies

  • Taiwan Intellectual Property Office
  • Ministry of Economic Affairs

 

Please complete these details to download your free copy of our Trade Marks Guide for Australia.

Thank you for providing your information. Please click ‘Submit’ and you will then be able to download the guide by clicking the ‘Download publication in PDF’ link.
Sending