華鼎國際法律事務所
華鼎國際專利商標事務所

A:

1.When the applicant has applied for a patent application for the first time (hereafter, “foreign patent application ”) in a WTO member or a country that mutually recognizes priority right with Taiwan, the applicant applies for a patent application for the same invention in Taiwan within twelve months (the design is within six months) from the filing date of the foreign patent application (counting to the date that the filing date in Taiwan is obtained).

2.When claiming international priority right, the applicant shall state the filing date of foreign patent application, the receiving country (WTO member), and the application number at the time of filing.

3.The applicant shall submit the original certified document, that the foreign country or WTO member government has received the application, within sixteen months (the design is within ten months) from the earliest priority date.

A:

 If the applicant fails to claim international priority right at the time of filing in accordance with the regulations and would like to supplementarily claim or add more than one priority claim, the applicant may apply for restoring the priority claim within sixteen months from the earliest priority date (the design is within ten months from the earliest priority date) and conduct the following matters at the same time:

(1) Pay NTD 2,000 of the fee for restoring the priority claim;

(2) State the filing date of the fundamental application for priority claim, the country or WTO member that receives the application, and the application number;

(3) Submit the original certified document of priority right.

It should be noted that the above matters (including the payment of the fee) should be completed within sixteen months from the earliest priority date (the design is within ten months from the earliest priority date). If the matters are overdue, TIPO would not accept the application for restoration. However, if the fee is paid but the amount is insufficient, TIPO will notify the applicant to complete the requirements within a specified time period, and the application for restoration will be denied when the requirement is not completed within the specified time period.

A:

The re-examination shall be applied within two months from the date when the decision of refusal is received, and applied together with application sheet (the applicant shall sign or stamp, if an agent is designated, the signature or stamping may be solely done by the agent ) and remarks (the reason for re-examination shall be clearly stated within).

A:

The certified document of international priority shall be an original signed and issued by a patent receiving office of a foreign country or WTO member, shall not be a copy, and shall not be a copy notarized or certified by a court or other agency. However, when the same applicant claims the priority of the same foreign application for two or more than two applications in Taiwan, if the original certified document of international priority is submitted in one of the application, then the rest of the applications may use a full copy of the original certified document as a replacement with an indication of where the original certified document is kept.

2. In addition, TIPO may accept an electronic file of the certified priority document if the original certified priority document is scanned as a PDF file or burned into a disk in accordance with the electronic standards of TIPO.
3. The certified priority document of Japan or South Korea may use electronic exchange.

A: According to paragraph 3 of Article 127 in the Taiwan Patent Act, a patent application for derivative design filed after the issue date of the original design patent is not acceptable. Therefore, the applicant may apply for a derivative design application before the issue date when the original application is only scheduled for the issue date but is not issued yet.

A: The annuity is calculated from the issue date and the period of the patent right is calculated from the filing date, thus the annuity of the last year is generally not full-year patent right, but the applicant still needs to submit the full-year annuity.

A: Priority right includes international priority and domestic priority. International priority is a subsequent application claiming priority based on an earlier application which is applied in other countries or any member of the World Trade Organization (WTO). Domestic priority is a subsequent application claiming priority based on an earlier application which is applied in Taiwan (R.O.C.). Based on either international priority or domestic priority, the subsequent application may use the filing date of the foundation application or the earlier application as the priority date. The examination of the patentability for the application claiming priority shall be based on the priority date.

A:

If the company is being merged, the assignment recordation may be applied by the acquiring company.

When applying the assignment recordation of the patent right, the original patentee or the assignee shall submit the application sheet of assignment recordation and official fee NTD 2000 together with the related certified documents, such as the certified documents during M&A.