TO KNOW TAIWANESE PATENT:

System and characteristics:

1.      Principle of first filing:Regardless of the time sequence of inventions, when
two or more persons having the same invention individually apply for patent, the
applicant whose application was first filed shall be granted patent.

2.      Examination system: An application is actively examined technically.

3.      Public examination: Within three months since the date of publication of an
approved patent application after examination, any one or any interested party can
institute an opposition; if the patent application has been granted with a patent
certificate, within the effective period of patent right, any one or any interested party
can institute a revoke.

Classes and period of patent right:

Invention :     20 yrs. from the filing date;

Utility Model  :     10 yrs. from the filing date;

Design    :     12 yrs. from the filing date.


Flowchart on Invention patent Examination and Administrative Remedies


Flowchart on Utility Model Patent Formality Examination and Administrative Remedies

Flowchart on Design Patent Examination and Administrative Remedies Application

Notice in use:

  1. The patentee or the executor of the patent right shall affix to his
    patented article or to the packaging thereof the number of the patent
    certificate. In case of failure to affix such number so that others have
    no knowledge that the article has been patented and infringe upon
    his patent, the patentee shall not be allowed to claim damages.
  2. No article other than that one protected by a patent may be affixed
    thereto or to the packaging thereof any word or mark indicating
    patented or likely to mislead others to consider it as patented.

TO KNOW TAIWANESE TRADEMARK:

System and characteristics:

1.      Principle of first filing: when two or more persons having the same trademark
individually apply for registration, the applicant whose application was first filed
shall be granted registration.

2.      Public examination: Within three months since the date of publication of an
approved trademark application after examination, any one or any interested party
can institute an opposition; if the trademark application has been granted with a
registration certificate, within the effective period of the right of exclusive use, any
one or any interested party can institute an invalidation.

Classes and period of the right of exclusive use:

Principal trademark  :       10 yrs. from the registration date;

Associated trademark      :       along with the principal trademark;

Service trademark    :       10 yrs. from the registration date;

Certification trademark    :       10 yrs. from the registration date;

Collective trademark        :       10 yrs. from the registration date;

Defensive trademark        :       along with the principal trademark.

Process of application:

A filing date
is granted on
that very day

(about 8-12 mos.)

(about 8-12 mos.)

(3 mos.)

(45 days)

Process of administrative relief:

by the Bureau of Intellectual Properties

to the Ministry of
Economic Affairs

at the administrative high court

at the supreme administrative
high court

 

Notice in use:

1.      If a right of exclusive use of a trademark, except by registration of licensing before
the authority, is licensed privately to make use of the trademark by any other personon, the
licensee shall have no right to act against a third party.

2.      The protective scope of a right of exclusive use of a trademark is limited to the
goods designated during application for registration.