General information
There are three categories of patents: Inventions, Utility Models, and Designs, wherein substantial examination must be conducted for Inventions and Designs such that patent rights may be granted, on the other hand, no substantial examination is conducted for Utility Models.

Priority Claim
According to Taiwan patent Law, a foreign applicant may claim for priority on the basis of a corresponding foreign application only if all of the following requirements are met:
a. the 1st patent application has been filed by the applicant in a member of the World Trade Organization
b. the country of the corresponding application provides mutual treatment to Taiwan nationals;
c. Taiwan application is filed within twelve (12) months for Invention/Utility Model applications and six(6) months for Design applications from the priority date;
d. A claim of priority is simultaneously made on the filing date of Taiwan application; and
e. The certified copy of the corresponding application is submitted within four(4) months from the filing date.
Currently, Australia, Germany, Switzerland, Japan, France, Liechtenstein, the United States, the United Kingdom, Austria, Paraguay, New Zealand, the Netherlands, El Salvador, the Republic of Costa Rica, Guatemala, Nicaragua, and EPO have mutual treatment to Taiwan nationals for patent applications and thus the applications in these countries may claim priority for their patent applications in Taiwan if the above requirements are met.

Duration:
The term of an Invention patent extends from the publication date to 20 years from the effective filing date. The term of a Utility Model or New Design patent extends from the publication date to 12 years from the filing date.

Filing Requirements:
a. Specification, claims and drawings if any, in foreign language (2copies);
b. Information of full name, address and nationality of the inventors and applicants;
c. Filing date and filing number of the corresponding foreign applications;
d. Assignment signed by the inventor(s), if applicable;
e. Power of Attorney signed by the Applicant(s);
f. Certified copy of the priority documents if priority is claimed; and
g. Chinese specification (2 copies).
In order to obtain an effective filing date, items (a) and (b) are required and facsimile copies of items (d) and (e) are acceptable for foreign applicants. The other documents/information should be submitted within four(4) months from the filing date.

Examination:
Please notice that examination as to form for utility model patents is instead of a substantive examination.
Formal Examination: if the application meets the minimum formal requirement, it will be given a filing date and a serial number by a notification to the applicant. The notification will also request the applicant to complete all other formal requirements within a given term.
Substantial Examination: Within 3 years from the filing date of a patent application, the applicant (or any person) has to file a request for substantial examination for the patent application. Failing to file such a request within the stipulated deadline, the patent application shall be deemed withdrawn. If all claims are found allowable under the substantial examination, a notice of the allowance will be issued accordingly. If all or some of the claims are found unallowable or amendments of the claims/specification is necessary, an office action will be issued. The applicant must respond to the office action within a given term (60 days for foreign applicant). Then a formal decision of allowance or rejection will be issued accordingly.
If the application is rejected by a formal decision, a petition for re-examination must be filed within 60 days, and the arguments for re-examination can be submitted later on.
Appeal: If the application is still rejected under re-examination, administrative appeal, re-appeal and administrative suit are successively available.

Publication (not apply to Utility Model applications and Design applications)

A patent application shall be laid-open after a period of 18 months from its filing date. However, if one or more priorities is/are claimed to the subject application, the publication of the subject application shall take place after a period of 18 months from the earliest priority date.

Granting Patent Right

While a patent application is approved by a written decision, it shall be published after the issue fee and the 1st annuity fee are duly paid within 3 months after receipt of the said decision. If the prescribed fees have not been paid within the deadline, no publication will be made and the patent right will not exist henceforth.

Annuity
Subsequent annuities are due before anniversary of the publication date each year with a grace period of six months with a find equal to the annuity due.