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”@Taiwan Patent Q&A


Why a patent law?

Answer: The science technology advances based on the development and research. Much money and many time, efforts and material resources may put into the research and experiment. If the achievements of the research can”¦t be protected, who will invest the research again? The patent law is established for protecting the right of the invention, further make sure the profit of the invention and encourage the invention.

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What a patent right?

Answer: When we have an invention, we can file a patent application to TIPO for protecting the legal right. A patent application may be granted after an examination procedure. The patentee has the right to exclude peoples for making, selling, using and importing the product or method associated with the invention. That is, the patent right is of an exclusive right.

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Why protection for a patent?

Answer: The patent law encourages the inventor to disclose his technique. Accordingly the government offers the exclusive right to the applicant. The technique must be recorded and disclosed in the patent specification in detail. After the invention is published, people can research and improve based on the invention and get the benefit.

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What the features of Taiwan Patent?

Answer: (1) The first filing principle: No matter what the inventions”¦ priority is, only the first applicant will get the patent right, if there are two or more applicant who have the same invention.

(2) Early publication for invention: The invention patent application will be published after 18 months from the filing date.

(3) Examination request for invention: The invention patent application will be examined only after the examination request is proposed within 3 years from the filing date.

(4) Public examination: Any people can propose the objection to a granted patent within 3 months after the publication date of the granted patent.

(5) Priority right for the patent application from a foreign country: One year is reserved after the patent filed into a foreign country of which is a member of WTO.

 

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