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Taiwan patent

 

Taiwan patents referred to in Taiwan Patent Law are classified into the following three categories:
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1. Invention patents;

2. New utility model patents; and

3. New design patents.

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When filing an Taiwan patent application, the date on which the government fee and written patent application, patent specification and necessary drawings as required by Paragraph One of the Preceding Article are submitted to the TIPO shall be taken as the filing date. For the patent specification and/or the drawings submitted in a foreign language, the Chinese translations thereof shall be submitted within 3 months; and the date on which the Chinese translations are submitted shall be taken as the filing date of the application, provided that the submission of Chinese translations has been made before an administrative measure is taken.

A patent applicant, who has filed his first patent application in accordance with the relevant law in respect of an invention in a foreign country which allows Taiwan nationals to claim priority based on mutual principle and has filed his patent application for the same invention in Taiwan within twelve (12) months from the day following the date of his first patent application in said foreign country, may claim a priority for his Taiwan patent application.

Under the provisions of the preceding Paragraph, in case an applicant claims for two or more priority rights in a single Taiwan patent application, the period for priority claim shall be calculated from the day following the first priority date.

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After receipt of the documents of an invention patent application, if the TIPO considers, through examination, that nothing is contrary to the formal requirements and nothing should not be laid-open, the TIPO shall have such application laid-open after a period of 18 months from the day following the filing date of such patent application.

The period is calculated from the day following the priority date, or following the earliest priority date if two or more priority rights are claimed.

The TIPO may advance the laying-open of a patent application at the request of the applicant.

Under any of the following circumstances, an invention patent application shall not be laid-open:

1. Where the patent application has been withdrawn within 15 months from the day following the filing date of the said application;

2. Where the contents of the invention involve the national defense secret or any secret pertaining to the security of any other country; or

3. Where the contents of the invention are detrimental to public order or good custom

 

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