Best Patent Lawyers in Taiwan

About Patent Law in Taiwan

Patent law in Taiwan is a crucial field of law that protects the rights of inventors by giving them the exclusive right to produce, sell, and use their invention for a certain period. Taiwan follows a first-to-file system, meaning the first person to file a patent owns the right to the invention. Taiwan’s patent law is governed by the Taiwan Intellectual Property Office (TIPO) under the Ministry of Economic Affairs. The law provides for three types of patents: Invention Patent, Utility Model Patent, and Design Patent. The law provides thorough protection to patent holders, and violation of patent law can result in severe penalties.

Why You May Need a Lawyer

There are several reasons why you may need to consult a patent lawyer in Taiwan. If you're in the process of developing a new invention, design or utility model, you need to ensure your ideas are protected by patenting it properly. You might also need a patent lawyer to defend against allegations of patent infringement, or to sue someone for infringing your patent. Translating your invention's technical information into legal terms can be tricky, and a patent lawyer can guide you through the complex patent application process, helping you understand the scope of your patent protection more clearly. Furthermore, a patent lawyer can conduct an effective patent search to ensure your invention does not infringe on any existing patents.

Local Laws Overview

Taiwan’s patent law stipulates that patents are only offered for inventions that are industrially applicable, novel and involve an inventive step. ‘Invention patents’ protect new inventions, while ‘utility model patents’ protect new inventions of utility models. ‘Design patents’ cover new designs of the shape, pattern or colour, or any combination thereof, of an article. The duration of protection varies: invention patents are protected for up to 20 years, utility model patents for 10 years, and design patents for 15 years from the date of filing. Patents must be filed with the Taiwan Intellectual Property Office (TIPO) and applications can be conducted in the Chinese language only.

Frequently Asked Questions

What is the timeline for a patent to be granted in Taiwan?

Normally, it can take between two to four years for an invention patent to be granted by the Taiwan Intellectual Property Office, from the date of application.

Does Taiwan practice a first-to-invent or first-to-file policy?

Taiwan practices a first-to-file policy. It means that if two people develop a similar invention, the first person to file the patent owns the right to the invention.

Are foreign patents recognized in Taiwan?

No, foreign patents are not directly recognized in Taiwan, which means a separate patent application should be filed in Taiwan even if the patent has been approved by other countries or regions. However, Taiwan is a member of the Patent Cooperation Treaty (PCT), which allows a simplified international procedure for patent application.

Are there any maintenance fees for keeping a patent active in Taiwan?

Yes, a patentee is required to pay annual maintenance fees to keep their patent active in Taiwan.

Can a granted patent be invalidated in Taiwan?

Yes, a granted patent can be invalidated in Taiwan if it is proven to not meet the requirements of novelty, industrial applicability, and inventive step.

Is it necessary to hire a local Taiwanese attorney for applying for a patent?

Foreign applicants who live outside Taiwan are required to appoint a local Taiwanese patent attorney to represent them for their patent application.

How is patent infringement penalized in Taiwan?

In Taiwan, patent infringement can result in civil liabilities, and in severe cases, criminal prosecution.

Does Taiwan offer patent protection for software?

Yes, Taiwan does grant patents for software as long as the software can be considered a 'technical' solution to a problem, comprises a physical component, or can be combined with hardware to achieve a particular utility.

Can the disclosure of an invention prior to application prevent a patent from being granted in Taiwan?

Yes, under Taiwan’s patent law, the public disclosure of an invention prior to application can prevent a patent from being granted to that invention. However, there are certain exceptions to this rule such as for disclosures made in specific international exhibitions.

Is Taiwan a signatory to the Patent Cooperation Treaty (PCT)?

Yes, Taiwan is a signatory to the Patent Cooperation Treaty (PCT), allowing a streamlined process for residents and businesses in Taiwan to apply for patent protection in multiple jurisdictions.

Additional Resources

The Taiwan Intellectual Property Office (TIPO) is the premier authority on patent law and processes in Taiwan. The Intellectual Property Training Academy provides various training and informational programs about Taiwan's intellectual property laws. Notably, the Patent Search System of TIPO offers extensive search capabilities of Taiwan's patent database. It can definitely be a useful resource for anyone seeking extensive information about a particular patent. Besides, the Taiwan Bar Association offers a list of practicing lawyers who specialize in patent law.

Next Steps

If you're in need of legal assistance for your patent, your first step should be to consult with a legal professional who specializes in patent law. They can provide you with expert advice tailored to your situation, and guide you through the patent application process. If you're facing a complex issue such as patent litigation, it's essential to work with a lawyer with a proven track record. Remember to do your homework, compare the expertise and credentials of different lawyers before choosing one. It's always advisable to follow the advice of your lawyer closely as they guide you through the complexities of Taiwan’s patent law system.