Understanding Patent Law in Taiwan

Taiwan is not a member of the World Intellectual Property Organization (WIPO) and has its own legal system for protecting intellectual property rights, including patents.

Here are some important details about patent law in Taiwan:
– Patentable Inventions: In Taiwan, patents can be granted for inventions that are new, involve an inventive step, and are capable of industrial application. This includes products, processes, and improvements to existing technologies.
– Patent Duration and Maintenance: Once granted, patents in Taiwan are valid for 20 years from the filing date of the application. To maintain the validity of the patent, annuity fees must be paid each year.
– Patent Examination: The patent application process in Taiwan involves a substantive examination to evaluate the patentability of the invention.
– Bilateral Agreements: Although Taiwan is not a member of the Patent Cooperation Treaty (PCT), it has established bilateral agreements with several countries, including the United States, Japan, and the European Union, that allow for the recognition of each other’s patents. By filing for a patent in Taiwan, you may be able to benefit from these agreements and obtain patent protection in multiple countries more easily.
– Taiwan participates in the Global Patent Prosecution Highway (GPPH) program, which is a cooperative initiative among participating patent offices that allows patent applicants to request accelerated examination of their patent applications in other participating countries. This program can be a valuable tool for patent applicants looking to obtain patents more quickly and efficiently in multiple countries.
– Strong Legal Protection: Taiwan has a robust legal system for protecting intellectual property rights, which can provide added assurance that patent rights will be enforced if they are infringed upon. This can be especially important for inventors and entrepreneurs who are looking to invest in research and development and need to protect their intellectual property.

By understanding these key facts about patent law in Taiwan, you can better protect your intellectual property and navigate the patent application process with confidence. Don’t hesitate to seek our help to ensure the proper IP protection of your company’s innovations.

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