There are three types of patents, namely invention, utility model, and design patents：

(1)   An invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the desired result(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

(2)   A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Manufacturing methods, processing methods, usage methods, chemical substances or compounds without concrete shape or structure do not meet the definition of utility model.

(3)   A design means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) being applied to an article.

An invention patent shall not be granted in respect of any of the following:

(1)  animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;

(2)  diagnostic, therapeutic or surgical methods for the treatment of humans or animals;

(3)  inventions contrary to public order or morality.

A utility model patent shall not be granted if it is contrary to public order or morality.

A design patent shall not be granted in respect of any of the following:

(1)  the shape of an article solely dictated by its function;

(2)  the layout of integrated circuits or electronic circuits;

(3)  an article contrary to public order or morality;

(4)  fine arts.

A patent is valid in individual countries for a specified time period. A patent application for the same creation that has been filed in another country can still be filed in the ROC. However, if the same creation has been made public by the competent authority (e.g., Patent Office) of a country, it is not patentable in the ROC due to lack of novelty.

No. The ROC (Taiwan) is not a member of the Patent Cooperation Treaty (PCT) and therefore is unable to accept the PCT application. However, any applicant from a WTO member that files a patent application in Taiwan based on a PCT application and such PCT application designates any WTO members as the designated countries, may claim a right of priority if the PCT application is a legal application.

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 job duties, only the employer thereof (such as a company) may apply for a patent.

If two or more persons share ideas in forming the creation as defined in the claims – even if only as to one claim – they are joint creators, and the right to apply for a patent is jointly owned. A patent will be granted to them jointly on the basis of a proper patent application.

No. It is not required. This requirement was repealed in the 2011 amendment to the Patent Act and applicants were exempted from such requirement after Jan. 1, 2013.

A patent applicant who has a residence or business office in the territory of the ROC can undertake all procedural steps before TIPO and is not required to appoint a representative.

On the other hand, a patent applicant who has no residence or business office in the territory of the ROC must be represented by a professional representative, such as a patent attorney or patent agent, and act through them in all proceedings.

Where the applicant designates a patent attorney, the document specifying the extent of power conferred upon the agent and the address to receive service shall be submitted to TIPO.

The application form must be filled out in traditional Chinese. In principle, the description, claim(s) and drawing(s) should also be in traditional Chinese. Initially, the description, claim(s) and drawing(s) may be submitted in Arabic, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. A Chinese translation for the said documents must be submitted within a specified time period, or the patent application shall be dismissed.