Invention (TW)

Dual Filing

　The procedures of patent application for invention mainly follow the sequence of application, procedural examination, early disclosure, physical examination and publication. The term of the invention patent expires 20 years from the date of application.

1. Application

　Necessary documents for filing an application for a patent for an invention:

•The date of filing an application for a patent for an invention shall be the date on which the application form, the specification, the scope of the patent application, and the necessary drawings are ready for filing.

•If the specification and the necessary drawings are in a foreign language, a translated Chinese version of the specification must be submitted within the time limit set by the Intellectual Property Office.

The Example of Drawings

Note:
According to the Patent Act, a patent is granted only for an invention that is new, involves an inventive step, and is industrially applicable. An invention must meet the following requirements:
(1) It is not known to the public in any form.
(2) It is not obvious to a person skilled in the art.
(3) It can be manufactured or used industrially.
(4) It is not excluded from patentability.

2. Procedural review

The application form shall be submitted in the form and number of copies specified by the Intellectual Property Office.
The preparation of the application, specification, diagram, etc. shall comply with the provisions of the Patent Law.
The supporting documents submitted must be originals or copies that can be certified to be identical to the originals.
Determination of the filing date.
Whether the applicant is compliant.
Whether the power of attorney indicates the authority of the agent and the address for service of documents.
Whether or not to pay the fees.
Other reviews.

3. Early disclosure

The Intellectual Property Office publishes the information 18 months after the day after the filing date (or priority date).
Applicants can apply for early disclosure.
If the application is withdrawn within 15 months from the date of application, or if the application is related to national security secrets, public order and good morals, it will not be disclosed.

4. Substantive Review

Anyone can apply within 3 years from the date of application.
After publication, if the non-patent applicant is a commercial implementer, the Intellectual Property Office may give priority to the examination according to the application.
The Patent Prosecution Highway (PPH) program has been piloted in Taiwan.
A patent application for an invention patent shall not be granted if it violates the following provisions: technical ideas, industrial utilization, novelty, progress and unity that violate the laws of nature; The content of the invention is not fully disclosed, and the invention for which the patent is applied does not meet the requirements of the patent, etc.
In the event that the application is not patented, a rejection letter will be issued.

5. Announcements

The certificate fee and the first year's patent annuity fee shall be paid within three months from the date of delivery of the approval letter, and the announcement shall be made; Those who fail to pay the fee within the time limit will not be announced.
The invention patent right shall be granted from the date of publication.
The term of an invention patent shall expire 20 years from the filing date.

6. Re-examination

If a person is dissatisfied with the approval of the non-patent, he or she may apply for re-examination within two months after the delivery of the approval letter. In the case of re-examination, a patent examiner who has not examined the original case shall be appointed for examination.

7. Extend

The term of an invention patent shall expire 20 years from the filing date.
In the case of a patent for the exploitation of a patent for the invention of a pharmaceutical, agricultural drug or a manufacturing method thereof, if a license is required in accordance with other laws and regulations, the patentee may apply for an extension of the term of the patent right for the first time and only once, and the license may only be used to apply for an extension of the term of the patent right once. The period for approval of extension shall not exceed the period during which the invention cannot be exploited for the purpose of obtaining a license from the central competent authority for the purpose of undertaking the invention; If the period of obtaining a permit exceeds five years, the extension period shall remain limited to five years.