Legal framework overview

The IP legal framework of the Taiwan region aims to safeguard innovation and fair competition and mainly consists of:

• Patent Act;

• Trademark Act;

• Copyright Act;

• Trade Secrets Act;

• Plant Variety and Seed Act.

Competent authority:

• Intellectual Property Office (TIPO), Ministry of Economic Affairs (MOEA).

Although the Taiwan region is not a WIPO member, its IP laws are highly aligned with international practice under frameworks such as the PCT, Madrid System and TRIPS, and it has established various patent prosecution highway (PPH) arrangements with major IP offices.

International cooperation and alignment

• Has concluded multiple PPH agreements with major offices such as those of the United States, Europe, Japan and the Republic of Korea;

• Participates in multilateral cooperation mechanisms including APEC and WTO/TRIPS;

• Promotes informal IP exchanges with Mainland China and the Hong Kong SAR;

• Maintains a high level of compatibility with WIPO standards (classifications, formats and data exchange).

Trade mark system

Filing routes

• National applications are filed directly with TIPO;

• The Madrid System does not apply; international protection must be obtained through separate national or regional filings.

Classification

• Uses the Nice Classification;

• Both single-class and multi-class applications are available.

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition: third parties may oppose within 3 months from the publication date.

Use and renewal

• Registration term: 10 years from the registration date, renewable indefinitely in 10-year periods;

• Non-use for 3 consecutive years may lead to revocation.

Examination features

• Examination language is Chinese;

• Key grounds include distinctiveness, prior conflicting rights and public order;

• Registrable marks include word marks, device marks, three-dimensional shapes, colour combinations, sounds, motion marks and position marks and other non-traditional signs;

• TIPO’s online system supports e-filing, renewals and opposition management.

Patent system

Types and terms of protection

• Invention patent: protection for 20 years from the filing date;

• Utility model patent: protection for 10 years from the filing date;

• Design patent: protection for 15 years from the filing date.

Examination mechanism

• Invention patents: substantive examination upon request, which must be filed within 3 years from the filing date;

• Utility models: subject only to formal examination; no substantive examination is conducted;

• Average examination period for invention patents is around 18–30 months.

International routes

• The Taiwan region is not a PCT member, but TIPO has established PPH (Patent Prosecution Highway) programmes with major offices such as those of the United States, Japan, the Republic of Korea and Germany;

• Foreign applicants may rely on priority claims and local representatives to enter the Taiwan stage.

System features

• Applies the first-to-file principle;

• Supports divisional applications, deferred examination and priority claims;

• Examination language is Chinese, with the option to include English descriptions for reference;

• After grant, annual fees must be paid to maintain patent rights in force.

Design protection

Legal basis

• Design protection is governed by the Patent Act, Articles 121–147.

Scope of protection

• The shape, pattern, colour or any combination thereof applied to a product;

• Includes graphical user interfaces (GUIs) and dynamic designs.

Term of protection

• 15 years from the filing date.

Examination procedure

• Examination period is typically around 6–12 months;

• Examination language is Chinese;

• Requires novelty and creativity over prior designs.

System features

• One application generally covers a single design, though certain related partial designs may be combined;

• Supports partial designs and derivative/extended designs;

• Procedures are fully electronic, supporting online filing, document upload and fee payment.