中文｜English (USA)

What is an invention patent?

A: Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the expected purpose(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

What is a utility model patent?

A: A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Manufacturing method, processing method, using method, chemical substance or compound without concrete shape or structure does not meet the definition of utility model.

What is a design patent?

A: A design means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article.

What are excluded from patentability for patents?

A: A patent shall not be granted in respect of any of the following:
(1) animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
(2) diagnostic, therapeutic or surgical methods for the treatment of humans or animals;
(3) Inventions contrary to public order or morality.

What is a “grace period”?

A: A grace period is a period of time before the date of filing a patent application during which certain kinds of disclosure of the creation would be excluded when determining the novelty and inventive step of the creation. The duration is 12 months, calculated from the date of earliest disclosure to the filing date.
Three types of disclosure made by the patent applicant are covered by grace period:
(1) disclosed as a result of conducting a test (not available for design);
(2) disclosed in a printed publication;
(3) displayed at an exhibition held or recognized by the Government.
Moreover, where the invention, utility model or design was disclosed without the consent of the applicant, such disclosure is also covered by grace period.

How can I claim a priority right based on the first application filed in a country other than Taiwan?

A: The citizens or residents of the member of the World Trade Organization(WTO) may enjoy the benefits of a priority right based on the first application filed in any WTO member if the Taiwan patent application is filed no later than 12 months after filing the first application. With respect to a design application, the time period is 6 months from the filing date of the first application.
When you claim a priority, you have to do the following:
(1) To specify the name of the country where the first application was filed, the filing date and the application number on the Request form, and
(2) To submit the priority document within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed. (Please note that with respect to a design application, the time period should be 10 months from the earliest priority date)

What can I do if my patent right is infringed?

A: You may demand a person who infringes or is likely to infringe your patent right to stop or prevent such infringement. In case an infringement of invention patent right occurs due to intentional act or negligence, you may claim for damages suffered therefrom.
The patent infringement case is not subject to criminal or administrative penalty. For protecting your patent right, you can file a civil action to the Intellectual Property Court.