The Chinese translations of foreign language documents must be provided within 4 months for invention and design patent applications, and 2 months for utility model patent applications from the date of submitting the foreign language documents.

Prior to the expiration of the time period, the applicant may make a request for an extension. The total time period for submitting the Chinese translations may be extended up to 6 months from the date of submitting the foreign language documents.

To add an inventor, the applicant must submit a written request, documents of proof with respect to the consent from each inventor named in the application and the newly added inventor, and an official fee.

To delete an inventor, the applicant must submit a written request, a statement from the deleted inventor declaring he/she is not an actual inventor, and an official fee.

Where an individual erroneously named in an application as an inventor is caused by clerical error, the applicant must submit a written request stating the reason, relevant documents of proof, and an official fee.

The assignment of right for a patent application (or patent right) shall become effective between the parties upon mutual agreement of the parties concerned, but it is not effective against any third party unless it is recorded at TIPO.

In order to record an assignment for a patent application (or patent right), the following must be submitted to TIPO by the assignor or the assignee together with a recording fee:

(1)  a recordation form of assignment of right for a patent application (or patent right);

(2)  an assignment contract, document of proof for amalgamation or acquisition, or other document(s) of proof with respect to the assignment;

(3)  documents of proof with respect to the consent of all applicants (or patent owners) if the right for a patent application (or patent right) is jointly owned;

(4)   a photocopy of gift tax payment certificate, or gift tax exemption certificate, or exclusion from total amount of gifts certificate, or consent to transfer certificate (not required for the assignment of right for a patent application) issued by the competent tax authority if the legal ground for assignment of a patent right is a gift and the assignor is a natural person.

Yes. You can amend your patent application during the examination. However, if TIPO has issued an office action, you can only make amendment(s) within the time period specified by TIPO. Please note that any amendment shall not extend beyond the scope of content disclosed in the description, claim(s), or drawing(s) as filed.

In the case of a patent application for invention, TIPO may, as it deems necessary, issue a final notice after having issued an office action. The applicant wishing to amend claim(s) after a final notice has been issued shall only make the following amendments within the time period specified therein:

(1)  to delete claim(s);

(2)  to narrow down the scope of claim(s);

(3)  to correct errors; or

(4)  to clarify ambiguous statement(s).

Whenever a deadline falls on a Saturday, Sunday, national holiday or any other statutory holiday of the ROC, the deadline is automatically extended to the following working day. However, if a deadline falls on a Saturday that is adjusted to a working day according to the government calendar, the deadline shall be Saturday.

Patent annual fees must be paid to keep the patent in effect. The first-year patent annual fee of the year in which the patent right is granted shall be paid before the publication of grant. The subsequent annual fees shall be paid in advance prior to the commencing date of the subsequent year.

If the annual fees for the second or any subsequent year are not paid within the prescribed time period, a six-month grace period is provided, during which the annual fees may be paid with a specified percentage surcharge; the maximum of the surcharge shall be the same as the amount originally due. If both the annual fee and surcharge are not paid during the grace period, the patent extinguishes on the original due date. However, a patentee who unintentionally fails to pay a patent annual fee and surcharge within the six-month grace period on time may apply for reinstatement of the patent rights within 1 year after the expiration of the grace period by paying triple the amount originally due.

grace period is a period of time before the date of filing a patent application during which certain kinds of disclosure of the creation would be excluded when the novelty and inventive step of the creation are being determined. Calculated from the date of earliest disclosure to the filing date, the duration is 12 months for invention or utility model, and 6 months for design.

The provisions governing this grace period will apply when disclosures are made either intentionally or unintentionally by an applicant – that is, where the content of the invention, utility model or design is disclosed in a printed publication, publicly exploited or publicly known prior to the filing of an application, and the patent application is filed within 12/6 months after the date of the disclosure. Such instances are all covered by the grace period.

An applicant claiming a grace period should state each fact and the relevant date of disclosure and provide document(s) of proof.

The citizens or residents of the member of the World Trade Organization (WTO) may enjoy the benefits of a priority right based on the first application filed in any WTO member if the patent application filed with TIPO is no later than 12 months after filing the first application. For a design application, the time period is 6 months from the filing date of the first application.

When you claim a priority, you have to do the following:

(1)  Specify the name of the country where the first application is filed, the filing date and the application number on the Request form, and

(2)  Submit the priority document within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed. Please note that for a design application, the time period should be 10 months from the earliest priority date.

Where there is unintentional failure to claim priority at the time of filing, or where the priority claim is deemed not to have been made due to the filing date of the first patent application or the name of the country (or WTO member) not being specified, the applicant may, within 16 months after the earliest priority date, apply for reinstatement of the priority claim, pay the required fee (NT$2,000), and undertake the actions that should have been completed.

Please note that for a design application, the time period to apply for reinstatement of a priority claim should be 10 months from the earliest priority date.