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Formality Requirements for Effective Filing about Taiwan patent

Update Date:2023-1-19 9:50:45     Source:www.3737580.com     Views:615

Taiwan Patent Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com

Documents Required to Obtain a Filing Date
To obtain a filing date for a patent application, the following documents must all be submitted to TIPO:

1) Two copies of the patent specification (including at least one claim) in any language;


2) Two copies of necessary drawings;


3) Application forms in Chinese containing the following information:
 (i) inventor(s); and
 (ii) applicant(s); and/or
 (iii) the application(s) on which the priority claim is based if any; and/or
 (vi) the deposit information if the invention involves a biological material and/or the material has been deposited in an International Depositary Authority (IDA) under the Budapest Treaty.

To claim priority, the patent applicant needs to announce the priority claim and submit the relevant information to TIPO when filing the patent application in Taiwan. The information pertains to

(1) the country where the first application(s) was filed,

 

(2) the serial number(s) of the first application(s) and 

 

(3) the filing date(s) of the first application(s). A priority claim later than the filing date of the relevant patent application in Taiwan is not allowable.

 

Documents Allowed to Be Submitted After Filing

1) Two copies of the specification and claim(s) in Chinese.


2) Document(s) to prove the identification of the applicant(s) from certain regions.


3) Document(s) to prove the right to file a patent in Taiwan, e.g., an assignment being either one of:
 (i) an original assignment signed by all inventor(s) specific to the right to file a patent in Taiwan;
 (ii) a copy of a general (not Taiwan-specific) assignment executed by all inventor(s).


4) A (general) power of attorney.


5) Document(s) to prove a grace period claim.


6) A certified copy of the priority document (and Chinese translation of the cover page) when priority of a foreign application is claimed.


7) The certificate(s) of biological deposit(s) made as required under the Patent Law.

 

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For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com.

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