Types of Patents

Invention

Utility Model

Design

Application System

Examination System

Non-substantial Examination Registration System

Examination System

Patent Term

20 years from filing date

10 years from filing date

12 years from filing date

Prosecution Time

15-36 months

4-6 months

10-12 months

Examination Time Period

Substantial examination may be requested within 3 years from filing date.

No substantial examination takes place, but anyone may file a technical report after publication.

Substantial examination takes place immediately after filing the application.

Annual Fee System

Paid annually

Paid annually

Paid annually

International Priority Claim

Within 12 months starting from the filing date of the first application

Within 12 months after the filing date of the first application

Within 6 months after the filing date of the first application

Remarks

★Invention patent adopts the early publication system, and is published by18 months after the filing date, but the published invention is not limited by this regulation.

★The prosecution time is counted from the date of receiving documents by IPO, and excludes the time for the notice of correction, response, reply or the extension for other proper reasons.   

★ IPO Announcement: The operation of technical reports for utility model patents was amended effective 98.03.01 to expedite the completion of the technical reports for utility model patents.

Certificate Issuance and Annual Fee Payment

★After an invention/utility model patent is allowed, the certificate fee and the annual fee for the first year (at least one year of the annual fees) should be paid within 3 months after receiving the Notice of Allowance/Allowance Decision.

★The invention/utility model patent will be published approximately 30～45 days after the certificate fee and the annual fee of the first year are paid before deadline, and an application for deferring the publication (for not more than 3 months) can be made, and the publication date is the same as the certificate issuance date.

★The publication date for Taiwan patents is based on the annual fee payment, and the year of the allowance is considered the first year, and thereafter the second year, and so on.