gotopgi

Patent

  • What is a patent?

    A: A patent is an intellectual property right which is examined and granted by the competent authority (e.g., Patent Office) to an inventor, a utility model creator, or a designer “to exclude others from exploiting the creation without the patentee’s consent” for a limited time period in exchange for public disclosure of the creation when the patent is granted.

  • How many types of patents exist in ROC?
    A: There are three types of patents, including invention, utility model, and design patent.
  • Is it necessary to file a patent application in ROC for the same creation which has been applied for..
    A: Though a patent application for the same creation has been filed in another country, a patent application still should be filed in ROC for obtaining patent protection in ROC. However, if the same creation has been already made public by the competent authority (e.g., Patent Office) of a country, it is not patentable in ROC due to lack of novelty.
  • Who may apply for a patent?
    A: An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.
  • If two or more persons work together to make a creation, to whom will the patent be granted?
    A: If all these persons had a share in the ideas forming the creation as defined in the claims – even if only as to one claim, they are joint creators, the right to apply for a patent is jointly owned by them, and a patent will be issued to them jointly on the basis of a proper patent application.
  • Is a document proving the assignment of the right to apply for a patent required when the patent app..
    A: No. It is not required. This requirement is repealed in the 2011 amendment of the Patent Act and applicants are not required to provide such document after Jan. 1, 2013.
  • Do I need an agent to file my patent application?
    A: A patent applicant who has a residence or business office in the territory of the ROC can file an application on his or her own, or designate an agent to act on his/her behalf to file the patent applications.
    On the other hand, a patent applicant who has no residence or business office in the territory of the ROC shall designate an agent to act on his/her behalf to file patent applications.
     
  • Q8. Will TIPO help me to select an agent to assist me with filing my application?
    A: No. TIPO cannot make this choice for you. Taiwan Patent Attorneys Association (TWPAA) or Asian Patent Attorneys Association (APAA) Taiwan Group can be helpful in finding an agent for you in ROC.
     Taiwan Patent Attorneys Association
    Tel: 8862-2701-1990
    Fax: 8862-2701-0799
    Web site: http://www.twpaa.org.tw/web/member_list_E.asp
     Asian Patent Attorneys Association Taiwan Group
    Tel: 8862-2507-2811
    Fax: 8862-2508-3711
    E-mail:apaatw@apaa.org.tw
    Web site: http://www.apaa.org.tw/
     
  • Should I submit a power of attorney when I designate an agent?
    Where the applicant designates an agent, the document specifying the extent of power conferred upon the agent and the address to receive service shall be submitted to TIPO.
  • Are there standard forms for filing patent applications?
    A: Yes. Any patent application to be filed shall use the forms prescribed by TIPO. You may download the forms on TIPO Web site. These forms are only available in Chinese.
    http://www.tipo.gov.tw/lp.asp?ctNode=7487&CtUnit=3633&BaseDSD=7&mp=1