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


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


  • 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


  • 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




  • Taiwan Intellectual Property Office
  • Ministry of Economic Affairs


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