According to Article 1 of the Taiwan Patent Act, the purpose of the law is:
“To encourage, protect, and utilize creations of invention, utility model, and design, thereby promoting industrial development.”
Purpose of Applying for a Patent
To put it simply — the goal is to generate profit.
By obtaining a patent right, you gain exclusive control over the market and the ability to enforce your rights.
You can prohibit others from using, producing, or selling the patented technology/product without your authorization.
In case of infringement, you may claim damages.
Three Main Requirements for Patent Applications in Taiwan
To apply for a patent in Taiwan, your creation must meet the following three substantive requirements:
1. Industrial Applicability
This means that the product must be capable of being manufactured or used in industry.
A creation that meets this criterion is considered industrially applicable.
This is one of the most important evaluation factors in the patent examination process.
2. Novelty
This refers to whether the product or technology has been made public before the filing date.
It must be completely new and not previously disclosed to the public or in any other patent applications.
Examples of non-novelty:
1. Disclosed in publications before filing
2. Publicly used before filing
3. Already known to the public before filing
If any of the above applies, the invention fails to meet the novelty requirement.
3. Inventive Step (Non-Obviousness)
The patent must involve an inventive step, meaning that the creation cannot be easily derived from existing technology by someone skilled in the relevant field.
If the invention goes beyond what prior art could easily achieve, it is considered to have inventive merit.
Types, Durations, and Examination Periods of Patents in Taiwan
Taiwan’s patent system includes three categories:
invention patents, utility model patents, and design patents.
|
Type |
Invention Patents |
Utility Model Patents |
Design Patents |
|
Subject of Protection |
Creation of technical ideas utilizing natural laws. |
Creation of technical ideas utilizing natural laws related to the shape, structure, or combination of an article. |
The shape, pattern, color, or combination thereof of all or part of an article, a creation that appeals to the eye visually. |
|
Examination System |
Substantive examination |
Formality examination |
Substantive examination |
|
Patent Term |
20years |
10years |
15years |
|
Examination Time |
2-3years |
3 to 6 months |
1years |
|
Assertion of Rights |
Article 41 of the Patent Act |
Upon registration |
Upon registration |
Invention Patents:
An invention patent refers to a creation of technical ideas utilizing the laws of nature, applied to products or methods. This category applies to general manufacturing methods and completely new inventions. (Patent Act, Article 21)
Utility Model Patents:
A utility model patent refers to the creation of technical ideas utilizing the laws of nature in relation to the shape, structure, or combination of an article. It is suitable for structural designs of general tools or devices that do not qualify as completely new inventions. (Patent Act, Article 104)
The subject matter protected by a utility model patent is the creation related to the shape, structure, or combination of an article. For example: wrenches, screwdrivers, thermometers, cups, etc. However, this excludes substances, compositions, biological materials, methods, and uses—such as methods for producing fertilizer from waste.
Design Patents:
A design patent refers to the creation related to the shape, pattern, color, or their combination, of all or part of an article, which appeals to the eye. Designs applied to computer graphics or graphical user interfaces can also be eligible for design patent applications. (Patent Act, Article 121)
The subject matter protected by a design patent includes the shape, pattern, color, or a combination of two or three of these elements, as applied to an article and appealing to the eye. It does not include non-visual creations such as sound, smell, or tactile designs.
Matters Not Eligible for Utility Model Patent
-
The utility model does not pertain to the shape, structure, or combination of an article.
-
Violates Article 105 (against public order or good morals).
-
Violates the disclosure requirements stipulated in Article 120 mutatis mutandis Article 26, Paragraph 4 (the specification must clearly and sufficiently disclose the invention).
-
Violates Article 120 mutatis mutandis Article 33 (one invention per application).
-
The specification, claims, or drawings do not disclose necessary elements, or the disclosure is obviously unclear.
-
*Amendments that clearly exceed the scope disclosed in the specification, claims, or drawings at the time of application.
Patent Infringement Penalties
According to Article 96 of the Patent Act, civil remedies for patent infringement are divided into two types:
“Removal and prevention of infringement” and “damages.”
“Removal and prevention of infringement”: such claims do not require the infringer to have intent or negligence. As long as there is objective evidence of infringement or likelihood of infringement, the claim can be made.
“Damages”: such claims require the infringer to have intent or negligence.
There is no longer any criminal liability for patent infringement—only civil liability remains.
