Taiwan belongs to the following patent-related international treaties:

• TRIPS

Inventions protections available in Taiwan include:

• Inventions
• Utility models
• Other: Design patents are available in Taiwan for designs

The following subject matter is excluded from patent protection in Taiwan:

• Methods of medical treatment or diagnosis
• Computer programs
• Business methods
• Other: (1) animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms; and (2) patents contrary to public order or morality.

Documents and information required for filing a national patent application in Taiwan include:

• Name and address of the applicant(s)
• Name and address of the inventor(s)
• Specification (description, claims and drawings)
• Abstract
• Power of Attorney
• Other: (1) Priority information; and (2) A complete set of drawings, if any. The power of attorney needs not to be notarized or legalized.

Yes, it is possible to request early publication or a deferment of publication in Taiwan. The Taiwan Intellectual Property Office ("TIPO") may advance the laying-open of a patent application upon the request of the applicant. Deferment of publication is not allowable in Taiwan.

Yes, the applicant has a provisional right upon publication of an application in Taiwan. After the publication of an invention patent application, an invention patent applicant may claim appropriate compensation against the exploiter who, having been given a written notice by the applicant in respect of the contents of the invention after the laying-open of the invention patent application, continues to commercially exploit the invention after receiving the notice and prior to the publication of the said application.

It is possible to file a voluntary amendment to specification in Taiwan at the following times:

• Other: A voluntary amendment may be filed any time before the TIPO issues the first office action; after the office action is issued, the amendment could only be made within the time period designated by the office action. If the application is rejected per TIPO’s primary examination decision, the amendment could also be made when applying for re-examination.

Yes, it is required to file a request for substantive examination. The applicant must file a request for substantive examination within three years from the filing of an invention patent application.

Yes, there is a third-party opposition procedure upon publication or after grant in Taiwan.

The time period from application to grant in Taiwan is between 1-2 years.

Yes, there is a process for accelerated examination of an application in Taiwan. Starting January 1, 2010, TIPO began accepting requests for the Accelerated Examination Program for four conditions of a patent application as below: (1) The corresponding application has been approved by a foreign patent authority under substantive examination; (2) The EPO, JPO or USPTO has issued an OA during substantive examination but has yet to approve the application’s foreign counterpart; (3) The invention application is essential to commercial exploitation, and (4) Inventions related to green technologies. For patent applications relating to the above item 1, TIPO will normally render an examination notice within six months after all required documents are submitted; for patent applications relating to the above item 2, TIPO will normally render an examination notice within 6-9 months after all required documents are submitted, depending on whether the claims of the TW application are the same as the foreign equivalents; and for patent applications relating to above items three and four, TIPO will normally render an examination notice within nine months after all required documents are submitted. Please also note that Taiwan does have Patent Prosecution Highway agreements with the USPTO, JPO, KIPO, SPTO (Spanish Patent and Trademark Office) or PPO (Poland Patent Office) for invention patent applications.

Yes, it is required to pay an annuity to maintain the validity of a patent in Taiwan. 

Yes, late payment of an annuity is permissible in Taiwan. This can be made within six months after the original due date with a specified percentage addition. The patentee who unintentionally fails to pay a patent annuity within the time period for late payment as set forth above may apply for reinstatement of the patent rights within one year after the expiration of the time period of late payment by paying triple the amount originally due.

Available enforcement methods in Taiwan include:

• Civil enforcement
• Border measures

None identified.