Best Patent Lawyers in Taiwan

About Patent Law in Taiwan

Patent law in Taiwan is governed by the Taiwan Patent Act, which is designed to encourage innovation by granting inventors exclusive rights to their inventions for a limited period. Managed by the Intellectual Property Office (TIPO) under the Ministry of Economic Affairs, Taiwan's patent system is aligned with international standards, offering protection for three types of patents: invention, utility model, and design patents. Invention patents have a term of 20 years, utility model patents last for 10 years, and design patents are protected for 15 years from the filing date.

Why You May Need a Lawyer

Engaging a lawyer can be crucial in navigating the complex processes involved in patenting. Common situations where legal help may be necessary include:

• Filing a patent application and ensuring it meets all legal requirements.
• Defending a patent infringement claim or asserting your rights against infringers.
• Advising on patent-related transactions such as licensing or assigning patents.
• Assisting with patent portfolio management and strategic planning.
• Helping resolve disputes and negotiations regarding patent laws or agreements.

Local Laws Overview

The key aspects of patent law in Taiwan include:

• Patentability: An invention must be novel, involve an inventive step, and be industrially applicable to qualify for a patent.
• First-to-File: Taiwan follows a first-to-file system, meaning that the first person to file a patent application has the priority to claim patent rights.
• Examination: Patent applications are examined substantively, and TIPO assesses applications for compliance with patentability criteria.
• Opposition and Invalidation: Third parties can oppose the grant of a patent and can initiate invalidation proceedings post-grant.
• Patent Infringement: Patent holders can take legal action against unauthorized use, offering potential remedies such as injunction orders and damages.

Frequently Asked Questions

What is required to file a patent in Taiwan?

To file a patent in Taiwan, you need a completed application, including a detailed description of the invention, one or more claims, an abstract, and any necessary drawings.

How long does the patent registration process take?

The process typically takes around two to three years, but this can vary depending on the complexity of the application and whether the expedited examination process is used.

Can foreigners apply for patents in Taiwan?

Yes, foreigners can apply for patents in Taiwan. However, they must appoint a local patent attorney to file the application on their behalf.

What protection does a Taiwanese patent provide?

A Taiwanese patent provides the right to exclude others from making, using, selling, or distributing the patented invention within Taiwan without the patent holder's permission.

Is patent protection in Taiwan automatic or granted through an application process?

Patent protection must be secured through a formal application process with the Taiwan Intellectual Property Office.

Can patents be extended in Taiwan?

Patent terms in Taiwan cannot be extended, except in specific cases for pharmaceuticals or agrochemicals, where an extension up to a maximum of five years may be granted.

What happens if a patent application is rejected?

If a patent application is rejected, the applicant has the right to appeal the decision within a prescribed period by submitting a reconsideration request or otherwise pursue legal recourse.

What does the patent examination process involve?

The examination process involves reviewing the application's compliance with formal requirements and assessing the patentability of the claimed invention.

Are design patents available in Taiwan?

Yes, design patents are available, providing protection for the aesthetic aspect of a product. These patents last for 15 years starting from the filing date.

How can patent rights be enforced in Taiwan?

Patent rights can be enforced in Taiwan by filing a civil lawsuit in the courts for remedies like injunctions and compensation for damages resulting from infringement.

Additional Resources

Some helpful resources for anyone seeking further information or assistance include:

• Taiwan Intellectual Property Office (TIPO): The government agency responsible for managing patent processes.
• Taipei Bar Association: A professional body providing legal resources and assistance in intellectual property law.
• Intellectual Property Court of Taiwan: Specialized court handling IP disputes, including patents.

Next Steps

If you require legal assistance regarding patent issues in Taiwan, consider the following steps:

• Contact a qualified patent attorney who is experienced in Taiwanese patent law for an initial consultation.
• Prepare a detailed account of your patent needs or issues and collect all relevant documentation.
• Engage your legal counsel to guide you through the necessary procedures, whether it’s filing an application or resolving a dispute.
• Utilize resources such as TIPO’s online services for additional information and guidance while working with your attorney.