Patent, utility model, design
QWho can file a patent/ utility model/ design application?

Only the one entitled to the invention could file the application. It means the inventor, creator, or his successor/ assignee is entitled to file the application.

QWhat is the filing requirement of a patent/ utility model/ design application?

Power of attorney, assignment, specification, and drawings.
Power of attorney, and assignment are not a requisite to obtain the filing date and number.
Nevertheless they shall be late submitted.
Specification in languages rather than Chinese could be accepted, but the Chinese translation shall be late submitted.

QCan the applicant file the application on his own without attorneys in Taiwan?

Only the applicant who has a residence or business office in Taiwan could file his application without attorneys.

QWhat is not within the statutory subject matter of a patent?

According to article 24 of patent act, non-statutory subject matter of a patent includes:
(1) animals, plants, and essentially biological processes for the production of animals or plants, except for processes that produce microorganisms.
(2) diagnostic, therapeutic or surgical operation methods for the treatment of human or animals.
(3) an invention which is contrary to public order, morality, or public health.

QWhat is a utility model?

Pursuant to the provision of article 93 of the patent act, a utility model refers to any creation of technical concepts by utilizing the rules of nature, in respect of the form, construction, or installation of an article.

QWhat is a design patent?

Pursuant to the provision of article 109 of the patent act, a design refers to any creation made in respect of the shape, pattern, color, or combination thereof of an article through visual appeal.

QHow long does it take to receive the examination result of an application?

It takes around 1.5-3 years for patent, 1 year for utility model, and 1 year for design application from filing to receiving the 1st examination report.

QWhat is applicable to annuity exemption and reduction?

If the patentee (or all of the joint patentees) is a natural person, school, or small and medium enterprises, it is qualified for annuity exemption and reduction.

QWhat is a “novelty grace period”?

Prior to filing a patent, if the invention or utility model has been published or put to public use, or has become known to the public, it constitutes a prior art and loses its novelty . However, a grace period may be claimed, if,
(1) the publication is a result of research or experiment;
(2) the publication is a result of being exhibited at an exhibition sponsored or approved by the government;
(3) the invention has been disclosed in an occasion not intended by the applicant.
In the case of the preceding causes, the applicant shall file the application within six months from the date of actual occurrence of the foregoing causes, and indicate the relevant occurrences.
The above regulation applies to design applications, too.

QWhat is the procedure for filing an invention patent application involving biological material?

In filing a patent involving any biological material or the utilization of any biological material, the applicant shall deposit the biological material at a local deposit institution designated by TIPO’s Food Industry Research and Development Institute and shall indicate in the application the name of the deposit institute, the date, and the serial number of the deposit provided. The applicant shall, within 3 months from the filing date of the application, submit the original and copied documents evidencing the deposit.

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