Patent Systems

Taiwan

Taiwan Patent Registration: Types, Fees, and Application Process

A patent gives inventors exclusive rights to their invention, preventing others from using or selling it without consent. In Taiwan, securing a patent can be an important step in protecting your intellectual property rights. In this article, we'll explore the process and all the details of applying for a patent in Taiwan.

3 Types of Patent in Taiwan

Patents in Taiwan fall into three categories: invention patents, utility model patents, and design patents. However, not all creations are eligible for patent protection. Invention patents, for example, do not cover animals, plants, natural biological processes (except those involving microorganisms), or medical procedures like surgeries and treatments. Anything that goes against public order or morality is also excluded from protection.

Utility models and design patents also have restrictions. Utility model patents can’t cover purely functional designs, and design patents cannot protect fine art, circuit layouts, or objects that violate public ethics. Understanding these exclusions is key before applying for a patent in Taiwan, as it ensures your application meets the necessary criteria.

Invention Patent

An invention patent pertains to creations that harness inherent natural laws to solve problems and achieve specific objectives or purposes. These inventions must possess technical characteristics, indicating that the means employed to address the issue involve technical elements within the relevant field. Discoveries, scientific theories, the presentation of information, and aesthetic creations are ineligible for this patent protection.

Patent Fees: Higher*

Patent Term: 20 Years

Processing Time: 12to 24 months

Note: The official fees are at least NT$10,500 (for the specification, claims, abstract, and drawings totaling less than 50 pages and with up to 10 claims).

For each claim exceeding 10, an additional NT$800 is charged.
For every 50 pages exceeding the initial 50 pages of the specification, claims, abstract, and drawings, an additional NT$500 is charged.

Utility Model Patent

A utility model patent refers to a creation based on the laws of nature, creates a tangible entity, and demonstrates innovation in the shape, structure, or combination of the entity. These entities must have utility value, physical substance, and practical use. Obtaining a utility model patent is relatively less expensive and involves less strict registration requirements compared to regular patents as it is subject to the formality examination.

Patent Fees: NT$3000

Patent Term: 10 Years

Processing Time: 4 to 5 months

The scope of protection differs between invention and utility model patents. Inventions cover a broader range, including substances, objects, methods, biological materials, and their uses, while utility models only cover the creation of shapes, structures, or combinations of objects.

Design Patent

A design patent refers to a creation that presents a visual appeal through the shape, pattern, color, or combination thereof of an item. It also includes computer-generated graphics or icons and graphical user interfaces (GUI) applicable to items. These creations are presented via display devices and evoke a specific visual appeal.

Patent Fees: NT$3000

Patent Term: 15 Years

Processing Time: 6 to 10 months

Design patents aim to enhance visual appeal and attract consumers while utility models and invention patents focus on enhancing functionality and usability. Each patent type possesses unique attributes and applicability. Entrepreneurs and inventors can select the most appropriate patent type based on their requirements and the nature of their innovation.

How to Register a Patent in Taiwan

First, we need to understand the legal requirements when filing any type of Taiwan patent. For applicants from foreign nations, it's mandatory to designate a proficient patent attorney, who has successfully completed the Taiwan Patent Bar Examination and possesses substantial experience in managing patent prosecution and related patent affairs to represent them during the patent application process. However, if the patent applicant resides or has a business office within Taiwan, the applicant can manage all procedural matters directly with TIPO and is not obligated to appoint a representative.

Step 0. Patent Search

Conducting a patent search before applying in Taiwan is a smart move, even though it’s not required. Checking previous patents and other public disclosures (known as prior art) helps you see if your idea has already been made public, which could stop it from being patentable.

Utilizing free patent search tools provided by the officials and other international patent offices can aid in this endeavor. For instance, you can search by publication number, application number, or certification number, and then visit the Patent Information webpage. From there, the “Patent Right Change” section provides details about the legal status of the patent.

However, patent searching is a specialized skill that can be challenging for those unfamiliar with the process. That’s why many people turn to patent attorneys or agents who have the experience to make sure the search is thorough. Taking this extra step can save time, and money, and help you file a stronger application.

Step 1. Procedural Examination

The first step in the patent examination process is to ensure that all required documents are submitted in full and completed accurately.

The application, submitted in Traditional Chinese, must include essential details. When applying for patents, apart from providing the application’s name, nationality, and address, other specific requirements must be met:

Invention Patent: Description, claims, abstract, and necessary drawings.
Utility Model Patent: Description, claims, abstract, and drawings.
Design Patent: Description and drawings.

Additionally, documents like the Power of Attorney, Grace Period Certificate, and International Priority Document must be provided within specific timeframes, with translations into Traditional Chinese if necessary. It's important to note that the applicant can initially file the specification in select foreign languages, such as English, Japanese, Korean, Spanish, French, German, Russian, Portuguese, and Arabic, then submit the translated version at a later time.

Here are some more details about the documents mentioned above.

Power of Attorney

First, if an applicant hires a patent attorney, they must submit a document (Power of Attorney) to TIPO that outlines the attorney’s authority and provides an address for receiving official notices.

Grace Period

Moreover, a grace period allows certain disclosures of an invention, utility model, or design to be excluded when assessing its novelty and inventiveness. For inventions and utility models, the grace period is 12 months; for designs, it’s 6 months, starting from the earliest disclosure in Taiwan.

If an applicant unintentionally or intentionally discloses their creation (e.g., through publication or public use) and files a patent within this timeframe, the disclosure won’t affect the patent’s validity. To claim the grace period, applicants must provide proof of disclosure dates and relevant details.

Priority Claim

Although Taiwan is not part of many international systems like the World Intellectual Property Organization (WIPO) or the Patent Cooperation Treaty (PCT), it still allows foreign applicants to claim priority from PCT applications when filing in Taiwan. To do this, the Taiwanese application must be filed within 12 months of the earliest filing date of the foreign application, rather than the 30-month timeframe used for national phase entry in PCT countries.

After Taiwan joined the WTO, applicants from WTO member countries can claim priority for Taiwanese patents within 12 months. Applicants from non-WTO member countries can also claim priority if they have a business or residence in a WTO member country.

Common errors to avoid at this point include ensuring that inventors are natural persons and ensuring consistency in signatures across application documents. For the Grace Period Certificate and the Priority Document, you must submit the original copies.

The Taiwan IP Office will assign a filing date and application number upon submission, operating under a first-to-file system, emphasizing the importance of promptly securing a filing date to establish precedence.

Step 1.1 Laid-open Publication ( or Early Publication)

For invention patents, the application is automatically published in the Patent Gazette 18 months from either the filing date or the earliest priority date. This publication allows any party to request inspection, transcription, photography, or copying of the application's specifications or drawings.

Step 2-1. Substantive Examination

For invention patents, substantive examination is essential to determine patentability. The applicant must request this examination within three years from the filing date or at the time of filing the initial application.

The invention must meet several criteria, including usability, novelty, and non-obviousness. Usability ensures practical industrial applicability, while novelty mandates that the invention is not identical to the prior creations. Non-obviousness denotes that the invention represents an advancement beyond existing technology.

During examination, the examiner conducts searches for prior art and similar documents. If the application is deemed unpatentable, an Office Action is issued, allowing the applicant to address objections through arguments or amendments with detailed claims, drawings, and other documents.

For design patents, substantive examination is compulsory and automatically initiated by the IP Office if the application satisfies the previous procedural requirements.

Similar to invention patents, the design must fulfill patentability prerequisites, including usability, novelty, and non-obviousness. Usability ensures practical application feasibility, while novelty requires differentiation from the prior art. Non-obviousness signifies advancement beyond existing designs. During examination, the examiner assesses novelty and creativity, searching for similar or identical prior designs. If the application is found unpatentable, an Office Action is also issued, providing the applicant an opportunity to address objections through arguments or amendments, just like the case with invention patents.

Step 2-2. Formality Examination

The formal examination system applies only to utility model patents, derived from substantive examination but focusing solely on confirming compliance with formal requirements.

It evaluates whether the invention meets the criteria of a utility model, focusing on its shape, structure, or combination. In addition, it examines the documentation, including the specification, claims, abstract, and drawings, to ensure compliance with formatting standards. Finally, it checks for any breaches of public order or morality and assesses the application content's clarity and completeness, looking for any notable discrepancies between the specification, independent claims, and drawings.

Step 3. Grant

Following approval, the IP Office grants and publishes the patent in the Patent Gazette, while also sending the patent certificate to the applicant. The applicant must settle the certification fee and the first-year annuity, which is consistent across all three patent types.

The official grant fee for Taiwan patents must be paid within three months of receiving the Notice of Allowance, with no possibility of extension. The fee for an invention patent is NT$1,800 (discounts available for eligible applicants), but the fees for the other 2 types are all NT$3500.

Step 4. Maintenance

The term of each type of patent varies, and annual fees are due each year starting from the first one. These fees should be paid within three months of receiving the Notice of Allowance, with subsequent annuities due one day before the anniversary of the publication date. While late payments are allowed within a six-month grace period, they incur a surcharge, which can be as high as the original fee.

If the annual fees for the second or later years are not paid on time, the patentee can still pay within the grace period with the surcharge. If both the fee and surcharge are not paid by the end of the grace period, the patent will expire. However, if the failure to pay is unintentional, the patentee can apply for reinstatement within one year of the grace period's expiration by paying three times the original fee.

Additionally, upon publication of a utility model patent application, individuals gain the right to request a "Technical Evaluation Report of the Utility Model Patent." This report is normally sought by applicants or patent holders aiming to assert their rights or when the patent is being utilized by another party.

Patent Application Conversion

In Taiwan, applicants can request a conversion of their patent application before the original patent grant decision is made. The filing date of the original application will be used as the filing date for the converted application. If an invention or design patent application is rejected, applicants can request conversion within 2 months of the rejection decision. For utility models, the request must be made within 30 days.

There are several types of conversions allowed, including:

An invention into a utility model or design.
A utility model into an invention or design.
A design into a utility model or derivative design.
A derivative design into a standard design.

However, the converted application cannot go beyond the scope of the original application’s description, claims, or drawings.

Applicants can make amendments during the examination process, but if TIPO issues an office action, the changes must be made within the specified time frame and must stay within the scope of the original filing. Once TIPO issues a final notice, only limited amendments are allowed. These include deleting claims, narrowing their scope, correcting errors, or clarifying unclear statements.

To add or remove an inventor, a written request and proof of consent must be submitted, along with an NT$300 fee. If an inventor has been mistakenly named, a correction request can be made with the proper documentation and fee.

Finally, starting October 15, 2024, applicants can use TIPONet (only available in Mandarin) to change their representative. This online platform allows applicants or their agents to update contact information and representative details easily, reducing the need for administrative correspondence with TIPO.

Post-Grant Amendment

In Taiwan, patentees can request a post-grant amendment to modify the description, claims, or drawings of their granted patent. This request can be made throughout the patent term, with a fee of NT$2,000 per request.

For invention and design patents, amendments can be made to delete or narrow down claims, correct errors, or clarify ambiguous statements. However, amendments cannot extend beyond the scope of the original filed content, except for translation corrections.

Utility model patents can only be amended during specific times, such as when a technical evaluation report is being prepared or during litigation. Amendments cannot significantly change or expand the original claims or drawings.

Payment and Fees

Fees can be paid via cash, bank transfer, telegraphic transfer, check, or through a deposit account with TIPO. However, TIPO does not accept direct payments from individuals residing outside Taiwan; payments must be made by a local agent. If you withdraw your patent application before the first office action is issued, the substantive examination request fee you paid can be refunded.

Fee Type	Invention Patent	Utility Model Patent	Design Patent
Application Fee	NT$3,500	NT$3,000	NT$3,000
Substantive Examination Fee	NT$7,000	Not Applicable	Not Applicable
Annual Fee (1st to 3rd Year)	NT$2,500 per year	NT$2,500 per year	NT$800 per year
Annual Fee (4th to 6th Year)	NT$5,000 per year	NT$4,000 per year	NT$2,000 per year
Annual Fee (7th to 9th Year)	NT$8,000 per year	NT$8,000 per year	NT$3,000 per year
Annual Fee (10th Year & Beyond)	NT$16,000 per year	Not Applicable	Not Applicable

Additional fees may apply for claims exceeding 10 and for application documents exceeding 50 pages as we mentioned before. Natural persons, schools, and small and medium-sized enterprises (SMEs) in Taiwan may qualify for reduced annual fees for patent applications.

For invention and utility model patents, there is a reduction of NT$800 per year for the 1st to 3rd years, and NT$1,200 per year for the 4th to 6th years. The same fee reductions apply to design patents, with NT$800 off per year for the 1st to 3rd years and NT$1,200 off per year for the 4th to 6th years.

Please refer to the official site or contact us for comprehensive and up-to-date information regarding the fees or the procedures.

Applying for the PDX Program

The Priority Document Exchange (PDX) program makes the patent application process easier by allowing IP offices to share and exchange priority documents electronically. This eliminates the need for physical document submissions, reducing administrative burdens, speeding up patent examinations, and lowering costs—all without additional fees. The program is available for invention and utility model patents, but it does not apply to design patents, trademarks, or applications filed under the PCT.

TIPO actively participates in the PDX program, collaborating with international IP offices to improve the efficiency of patent applications. To take advantage of the program, applicants can provide the necessary details—such as the country name, filing date, application number, access code (if required by the corresponding office), and patent type—when filing a subsequent invention or utility model patent application in Taiwan. This information can be submitted either at the time of filing or within 16 months of the claimed earliest priority date. When submitted correctly, it eliminates the need for a paper priority document.

Here are the details of Taiwan’s involvement in the PDX program:

Japan Patent Office (JPO): Since December 2, 2013, TIPO and JPO have exchanged priority documents electronically for invention and utility model patents. The program expanded to include design patents on January 1, 2022.
Korean Intellectual Property Office (KIPO): TIPO and KIPO began their PDX collaboration on January 1, 2016, for invention and utility model patents. Design patents were added to the exchange on July 1, 2023.
United States Patent and Trademark Office (USPTO): In December 2023, TIPO and USPTO signed a Memorandum of Understanding (MOU) to establish a PDX program. After system verifications, the implementation date will be announced, further facilitating patent applications between Taiwan and the U.S.

Note that different patent offices may have varying requirements for the PDX program. For example, the JPO requires access codes and patent types, while KIPO does not. Applicants should be mindful of these differences to ensure a smooth submission process.

Overview of Patent in Taiwan

A patent is a legal right granted to an inventor, giving them exclusive control over their invention, utility model, or design for a set period. This protection allows the inventor to decide how their creation is used and commercialized. In Taiwan, patent rights are governed by the Patent Act, which outlines the rules for obtaining, protecting, and enforcing patents.

The Act aims to foster innovation and industrial growth by ensuring creators can protect their intellectual property. It covers the requirements for patentability, application procedures, examination processes, and the rights given to patent holders. The law has been updated to stay in line with international standards and technological progress.

Taiwan has become a key player in global innovation, with a strong patent system supporting its growing role in technology and trade over the years. As ties with the United States deepen, patents are essential for protecting ideas and driving growth.

In 2023, Taiwan saw a 1.2% rise in invention patent applications, totaling 50,854, with Semiconductors dominating at 15%. Patent protection in Taiwan has gained importance, reflecting its growing economic ties with the U.S. and Europe. In 2018, Taiwan ranked as the U.S.'s 10th largest goods trading partner, with $65.3 billion in two-way trade during 2016—$26.0 billion in exports and $39.3 billion in imports.

TSMC led patent publications for the fifth consecutive year with 1,582 filings, primarily in Semiconductors (78.1%). Hsinchu City topped domestic filings with 4,842 applications, and the Taipei-Hsinchu region accounted for 72.4% of filings, underscoring Taiwan's innovation strength.

How to Select a Good Attorney

For entrepreneurs and small business owners, protecting innovations through intellectual property (IP) registration—whether patents or trademarks—is essential. Selecting the right IP attorney is key to ensuring the successful registration and safeguarding of your most valuable assets. Here are what you should look for:

Field Expertise

An IP lawyer must have a strong background in handling similar cases. Assess their track record, focusing on the number of applications they have submitted and their approval rate. This reflects the attorney's diligence and expertise in preparing robust documents, thereby enhancing the likelihood of a favorable ruling for your company.

Technical Background

For most technological inventions, an IP attorney should possess the relevant technical knowledge to effectively draft patents and manage IP rights. For specialized fields, such as chemical or IT inventions, it is advisable to select a lawyer with a corresponding technical degree.

Personalized Attention

Effective client communication and personalized attention are crucial. A good IP attorney will build a strong relationship with you, thoroughly understanding your business objectives and industry-specific challenges. Reviews can help identify attorneys known for their responsiveness and engagement, ensuring a collaborative and supportive legal process.

Cost

While cost is a significant consideration, it should not be the primary deciding factor. Opting for the cheapest attorney can lead to costly mistakes if the patent or trademark is denied due to inexperience. Research to find the average rates and choose an experienced attorney who offers a good balance between cost and expertise.

Seek assistance from the Taiwan Patent Attorneys Association (TWPAA) or the Asian Patent Attorneys Association (APAA) Taiwan Group.

Takeaways for Filing Taiwan Patents

What are the types of patents in Taiwan?

The types of patents in Taiwan include invention patents, utility model patents, and design patents. Design patents aim to improve visual appeal and draw consumer attention, whereas utility models and invention patents concentrate on improving functionality and usability with the latter covering a broader scope of innovation.

Do I need a representative to file my patent application as a foreign applicant?

Yes, foreign applicants must appoint a qualified patent attorney in Taiwan to file a patent application on their behalf.

What documents are needed for filing a patent application in Taiwan?

Required documents for filing a patent application in Taiwan include the application form, specification, description, claims, drawings, an abstract (if applicable), and a power of attorney.

Can I file a patent application other than Traditional Chinese?

You must submit your application form in Traditional Chinese, but for the specification part, several languages are accepted initially, such as English, Japanese, Spanish, and so on. Still, a Chinese translation must be provided within a specified period.

How much is it to file a patent application in Taiwan?

The cost to file a patent application in Taiwan varies depending on the type of patent and the complexity of the application. While the fee for an invention patent may be higher, the fees for the design patent and utility model patent are fixed at NT$3000 each.

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