Filing Requirements

Patent

The “bare minimum” documents to initiate a patent application process are:
  1. The specification with an abstract and claims, and drawings by email.
  2. The applicant’s name, address and nationality in both English and Chinese (if any). If the applicant is a company, the company name and company address, and the representative’s name in both English (in print) and Chinese (if any) are required.
  3. The inventor’s name and nationality in both English and Chinese (if any) (if different from the applicant).
  4. The applicant should specify whether to file a request for a substantive examination for an Invention patent application at the time of filing. The request of substantive examination has to be filed in 3 years from the filing date.
  5. The applicant should specify whether to claim priority based on its corresponding application(s) in home or any other countries at the time of filing.

The necessary documents may be supplemented up to the TIPO after the filing date if they cannot be submitted at the initial filing stage:
  1. One photocopy of executed Power of Attorney and Chinese translation of the specification and drawings, which can be submitted up to the TIPO within FOUR months (TWO months for a UM application), where an extension of supplementing time of further 2 months may be requested.
  2. Certified Priority Document if the priority is claimed, which can be submitted up to the TIPO within sixteen (16) months after the earliest priority date for Invention and UM patent applications (10 months for Design applications) after filing; An extension of supplementing time of further 2 months may be requested. Please send us a copy of the front page of the priority document by fax or e-mail for filing the request of time extension. The scanned copies of the priority documents or the electric files of the priority documents issued by the foreign Patent offices (.PDF) are acceptable for the TIPO. Therefore, you can send us the soft copy of the priority document instead of the hard copy.
  3. Filing date and filing number of the corresponding application in home or any other countries no matter whether priority is claimed or not.
  4. In addition, a most characteristic drawing (the one to be laid open with the Abstract when the patent application is published) should be designated with the indication of the main numerals of each element.
  5. A complete list of reference characters for all drawings is required as well.
  6. Special requirement to the claims: a multiple dependent claim shall not serve as a basis for any other multiple dependent claims according to the practice in Taiwan.
  1. If claiming priority, the new invention/ utility model patent application must be filed in Taiwan within 12 months and within 6 months for design applications from the filing date of the earliest corresponding prior application in home or other countries.
  2. As Taiwan has become a WTO member since January 1st, 2002, applications from WTO member countries may claim priority in Taiwan.
  3. Although Taiwan is not a member of PCT, an applicant and his first application in WTO member country can claim priority in Taiwan.

Trademark

  1. Detailed description of goods or services to be covered.
  2. One original Power of Attorney signed by the applicant or the representative of the applicant. Neither notarization nor legalization is required. It is sufficient for you to send us the original POA scanned in a clear PDF file by e-mail. In this regard, no hard copy will be required. If the executed POA cannot be submitted at filing, it can be supplemented after filing within 1~2 months when receiving an official notice.
  3. Please send us the electronic file of the trademark logo (.jpg) by e-mail.
  4. Name, address and nationality of the applicant as well as name of the representative thereof in print (if it is filed in the name of a Company).
  5. Chinese characters for filing particulars of the applicant and the representative, if any.
  6. A certified copy of the corresponding application in case priority is claimed.
    The scanned copies of the priority documents or the electric files of the priority documents issued by the foreign trademark offices (.PDF) are acceptable for the TIPO. Therefore, you can send us the soft copy of the priority document instead of the hard copy.
  1. As Taiwan has become a WTO member since January 1st, 2002, applications from WTO member countries may claim priority in Taiwan.
  2. The request of the priority claim will be rejected if the trademark logo to be filed in Taiwan is not the same as that in the corresponding trademark application for the priority claim.
  3. The priority claim only allows for the goods/ services which are within the scope of the parent application. If the scope of designated goods/ services is larger than that in the corresponding parent application, the additional part of the goods/ services should be listed separately in the application form and this additional part shall not enjoy the priority date .
  4. The certified copy of the parent application can be supplemented after filing within 3 months from the filing date.

Design

  1. Formal drawings with six directional views of the article, including:
     Perspective view
     Front view
     Rear view
     Left side view
     Right side view
     Top plan view
     Bottom plan view
    • If possible, kindly arrange the drawings in the said order.
    • The applicant can add additional drawings. However, the above seven drawings are essential.
    • Please make sure that one design application contains only one design so that the application complies with the requirement of “unity”.
    • Additional drawings that are not claimed but for reference are acceptable. Please mark them as “reference drawings”.
    • Each drawing of one application has to be in the same proportion.
    • The prepared drawings have to follow the principle of Stereographic Projection.
    • The examination for the drawings of design applications is strict in Taiwan. Therefore, please must pay your utmost attention to the quality and accuracy for the formal drawings with six directional views of the article of the design application.
  2. Detailed description of the creation: The detailed description should include the characteristic part, the purpose of that part and its using status in practice that the client would like to emphasize. However, if the title and drawings can clearly express the features of the design, it is not necessarily to state the detailed description of the creation in the specification of the design.
  3. The drawings should be clearly illustrated by photographs, ink drawings or computer printouts.
  4. One Power of Attorney executed by the applicant (a photocopy scanned in a clear PDF file is sufficient and it should be supplemented within 4 months from the filing date).
  5. Filing number(s) and filing date(s) of the corresponding application(s) in any countries. If the client would like to claim the priority, please send us the Certified copy of the priority document. It can be supplemented within ten months from the earliest priority date. An extension of supplementing time of further 2 months may be requested. Please send us a copy of the front page of the priority document by fax or e-mail for filing the request of time extension.
The scanned copies of the priority documents or the electric files of the priority documents issued by the foreign Patent offices (.PDF) are acceptable for the TIPO. Therefore, you can send us the soft copy of the priority document instead of the hard copy.