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Taiwan Patent Advantages
From a strategic standpoint, patents are important, particularly for defensive reasons. Also an extremely important tactic is filing patents deliberately in competitors' countries to prevent them from opportunistic, encroaching behavior.
In order to obtain patent rights in Taiwan, an applicant has to file applications with the local Patent Authority (TIPO) as Taiwan has its own jurisdiction and patent law. The applicant could be any person who wants patent protection in Taiwan or a patent portfolio in Mainland China, Hong Kong and Macao as well.
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Taiwan Patents Types
In Taiwan, industrial property rights include three types of patents:
1）Invention Patent - inventions that show "novelty" and are not obvious, that have been developed to the point that they can be utilized in industry
2）New Utility Model Patent - creations or improvements relating to the form, construction, or fitting of an object (in general, technical requirements are not as high as those for an invention patent)
3）New Design Patent - original visual designs relating to the shape, pattern, color, or a combination thereof of an object
Taiwan Patent Unpatentable Items
The following items are unpatentable in Taiwan:
1）Animals, plants, and biological methods that produce animals or plants, not including microbiological produce methods
2）Diagnostic, therapeutic, or surgical methods for treating diseases of the human body or animal body
3）An article that is detrimental to public order, morality, or public health
4）A new utility model that does not belong to the form, construction, or fitting of an object
5）An article the shape or the design of which is identical or similar to the party, national, or military flag, the national emblem, the government medal, a portrait of the Dr. Sun Yat-Sen, or an official seal
6）An article the shape of which is purely functional (new design only)
7）An article that is purely an artistic creation or artistic work
8）An article that is an integrated circuit layout or electronic circuit layout may not be the subject of a New Design Patent, although it can be protected by the IC Layout Law, and invention or Utility Model patents
Taiwan Patent Term of Protection
Patent rights commence from the date of publication in the Patent Gazette. The term varies depending on the type of patent, for example:
1）Invention Patent - 20 years from the filing date
2）New Utility Model Patent - 10 years from the filing date
3）New Design Patent - 12 years from the filing date
Contact us
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.