Taiwan Patent Application

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Well experiences on below industries:

Robot,
Mechanic,
IT(Information Technology),
LED(Light-Emitting Diode),
Wearable Devices,
HEVC(High Efficiency Video Coding),
Biotechnology.
And other industries being co-served by our Partners

Contact us as below:
Please email to:jryang@evershineipo.com
or
By phone call:
Evershine Patent Attorney Firm 6th Floor, 378, Chang Chung Rd, Taipei City, R.O.C.
Contact person: Mr. Jerry Chu, well English speaker, graduated from USA Graduate School
Mobile Tel: +886-939357735
Office Tel: +886-2-2717-0515 E103

What are Our Features?

We have in-house Experts and a hundreds of co-service partners
Except in-house patent Engineers,we have had many outside industrial experts as our co-service partners who are writers of Patent-based big-data analysis report.
As you might know, we has been focusing on providing Patent-based big-data analysis report written by outside experts.
Then we promote their report to worldwide R&D persons to help them choose right topics.
Therefore, we are quite acquaintance with these experts who might be patent attorney or patent engineers.
when you assign us, if not in our expert area, we will find out most suitable person to handle your Taiwan Patent Application and litigation affairs.

We use Cloud BPM( Business Process Management) system to monitor the progress
you will engage with us, and we will follow up all the procedures.
we will use Cloud BPM( Business Process Management) system to monitor the progress which will be allowed key-in, review, approval and query among authorized client and our Co-service partner and Evershine colleagues.
Generally, we will charge 20 % for handling services as a contact window in this scenario.

Commercializing services will be Led by Patent Attorney and CPA
Services on commercializing or licencing your Patents in Taiwan will be co-provided with our affiliated company , Evershine CPAs Firm


Acceptance of foreign application
Patent include 3 types: Invention, Utility Model, New Design.
A patent application filed by a foreign applicant shall not be accepted if the home country of such foreign applicant is not a signatory to an international treaty for protection of patent right to which the Republic of China (ROC) is a signatory, or if the home country does not conclude with the ROC a treaty or an agreement for reciprocal protection of patent rights, or if no patent protection agreement is concluded by and between organizations or institutions of the ROC and said foreign country which has been approved by the competent authority, or if the laws of said foreign country do not accept patent applications filed by nationals of the ROC.

Right to apply for patent

The term “right to apply for a patent” shall mean the right to file a patent application in accordance with the provisions of Taiwan’s Patent Act.
Subject to provisions in Taiwan’s Patent Act otherwise provided for or the covenants otherwise set forth in an agreement, the term “the owner of the right to apply for a patent” shall mean an inventor, utility model creator, designer or his/her assignee or successor.

Transference and pledge of patent

The right to apply for a patent or the patent right is both assignable and inheritable.
The right to apply for a patent shall not be taken as the subject of a pledge.
In the case of taking a patent right as the subject of a pledge, the pledgee shall not be allowed to exploit the patent right, unless it is otherwise provided for in an agreement.

Invention made in the performance of duties

Where an invention or a utility model or a design is made by an employee in the performance of his/her job duties, the right to apply for a patent and the patent right thereof shall be vested in his/her employer and the employer shall pay the employee reasonable remuneration; where there is an agreement providing otherwise, such agreement shall prevail.
The phrase “an invention, or a utility model or a design made by an employee under the performance of his/her job duties” as set forth in the preceding paragraph shall mean the invention, utility model, or design completed by an employee in performing his/her job duties during the period of his/her employment.
Where a fund provider engages another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon in an agreement between both parties, or such right shall be vested in the inventor, utility model creator or designer in the absence of such covenant in the agreement.
However, the fund provider shall be entitled to exploit such invention, utility model or design.
Where the ownership of the right to apply for a patent and the patent right are vested in the employer or the fund provider under Paragraph 1 or the preceding paragraph, the inventor, utility model creator or the designer concerned shall be entitled to a right to have his/her name shown as such.

Filing date
An application for an invention patent shall be filed with the Specific Patent Agency by the person entitled to applying for patent by submitting a request, a description, claim(s), an abstract, and the necessary drawing(s).
The filing date of an invention patent application shall be the date on which the request, description, claim(s), and the necessary drawing(s) are submitted in full. Where an applicant does not submit a description, claim(s) and the necessary drawing(s) in Chinese at the time of filing, but in a foreign language, and where the Chinese translation for the said documents is submitted within the time limit specified by the Specific Patent Agency, the filing date shall be the date on which the foreign language version were originally submitted.
Where the Chinese translation is not submitted within the specified time limit as stated in the preceding paragraph, the patent application shall be dismissed; however, if the Chinese translation is filed prior to the dismissal decision is received, the date on which the Chinese translation is filed shall be regarded as the filing date, and the foreign language version shall be deemed not having been submitted.

Priority claim under WTO membership, etc.

Where an applicant has duly filed his/her first patent application in a foreign country, which reciprocally allows ROC nationals to claim patent priority, or with any member of the World Trade Organization (WTO), the applicant may claim priority in respect of his/her ROC patent application if the ROC patent application for the same invention is filed within twelve months from the filing date of the said first patent application.
Where an applicant claims two or more priorities in respect of a patent application, the period referred to in the preceding paragraph shall be on the basis of earliest priority date.
If a foreign applicant is a citizen of a non-member of the WTO and his/her home country does not mutually recognize priority with the ROC, but the applicant has domicile or business establishment in any member of the WTO or in the territory of a reciprocal country, the applicant shall also be entitled to claim priority in accordance with the provisions set forth in Paragraph 1.
For a patent application filed with priority, examination on its patent possibility shall be based on the priority date.

Claim of priority

When claiming priority in accordance with the Taiwan’s Patent Act, an applicant shall simultaneously make a declaration with respect to the following when filing his/her patent application:
1. the filing date of the first patent application;
2. the country or member of WTO in or for which the first patent application was filed;
3. the application number of the first patent application.
Within sixteen months from the earliest priority date, the applicant shall submit a certified copy of the first patent application issued by the foreign patent authority under the preceding paragraph.
In case of a violation of Sub-paragraph 1 or Sub-paragraph 2 of Paragraph 1 or Paragraph 2, the priority claim shall be deemed not having been made.
Where, unintentionally, no priority claim is made at the time of filing his/her patent application or priority claim is deemed not having been made as prescribed in the preceding paragraph, the applicant may, within sixteen months after the earliest priority date, apply for reinstatement of priority claim, pay the required fee and undertake actions set forth in Paragraphs 1 and 2.

Priority claim based on earlier application

Where an applicant, based on his/her earlier invention or utility model patent application in the ROC, files a subsequent patent application, he/she may make a priority claim with respect to the invention or utility model disclosed in the description, claim(s) or drawing(s) submitted for the earlier patent application.
This provision shall not apply under any of the following circumstances:

  1. where a period of twelve months has elapsed from the filing date of the earlier patent application;
  2. where priority has been claimed in accordance with the provisions of Taiwan’s Patent Act in respect of the invention or utility model disclosed in the earlier patent application;
  3. where the earlier patent application is a divisional patent application to , or a patent application converted pursuant to Taiwan’s Patent Act;
  4. where the earlier patent application is for an invention patent application that has been published or has been irrevocably rejected;
  5. where the earlier patent application is for a utility model patent application that has been published or has been irrevocably rejected;
  6. where the earlier patent application has been withdrawn or dismissed.

The earlier patent application referred to in the preceding paragraph shall be deemed having been withdrawn upon an expiry of fifteen months from its filing date. Priority claimed shall not be withdrawn upon an expiry of fifteen months from the filing date of the earlier patent application.
For a subsequent patent application filed with priority claim in accordance with Taiwan’s Patent Act, which has been withdrawn within fifteen months from the filing date of the earlier application, the priority claim thus made shall be deemed having been withdrawn at the same time.
Where an applicant claims two or more priorities for a patent application, the calculation of priority period shall be on the basis of the earliest priority date.
For a patent application filed with priority, examination on its patentability shall be based on the priority date.
Where a priority claim is made in accordance with Taiwan’s Patent Act, the filing date and the application number of the earlier patent application shall be declared at the time of filing.
If the above-mentioned declaration is not made, priority claim shall be deemed not having been made.

Principle of first-to-file

Where two or more patent applications are filed for the same invention, only the earliest application can be granted.
The above shall not apply if the priority date claimed for the later-filed application is earlier than the filing date of the earlier application.
If the filing date and the priority date referred to in the preceding paragraph are the same, the applicants shall be notified to reach an agreement with respect to the matter concerned.
If such an agreement cannot be reached, none of the applications shall be granted.
If the said patent applications are filed by the same applicant, the applicant shall be notified to select one patent application within a time limit; failure to make a selection within the time limit shall result in rejection of all such patent applications.
While the applicants concerned are in the process of reaching an agreement, the Specific Patent Agency shall require these applicants to report the results of the negotiation within an appropriate time limit.
If the said report is not submitted within the specified time limit, it shall be deemed that an agreement is not reached.
Where an invention patent application and a utility model patent application are filed separately in respect of the same creation, the provisions set forth in the preceding three paragraphs shall apply mutatis mutandis, except for the circumstance stipulated in Taiwan’s Patent Act.

One creation applied for invention patent and utility model patent

Where an applicant files an invention patent application and a utility model patent application for the same creation on the same date, if the utility model patent application has been granted before a decision of admission is issued on the invention patent application, the Specific Patent Agency shall notify the applicant to select one patent application within a specified time limit.
The invention patent application shall not be granted if the applicant fails to make the selection within the specified time limit.
Where the applicant select the invention patent application according to the provision set forth in the preceding paragraph, the utility model patent right shall be deemed non-existent ab initio.
The invention patent application shall not be granted if the utility model patent right has extinguished or has been invalidated before a decision is issued on the invention patent application.
Evershine IPO can help you to file your patent in Taiwan at a reasonable price.

Please feel free to contact us for detailed informaion.

Evershine CPAs Firm//Evershine IPO (Patent Attorney) Firm

Dale Chen Principal Partner CPA/Patent Attorney/MBA
Office Tel: +886-2-2717-0515 E100
Skype: daleccchen
e-mail:dalechen@evershinecpa.com

or
Taipei, Taiwan
Address: 6th Floor ,378, Chang Chung Rd, Taipei City, Taiwan
J. R. Yang Patent Engineer
Email:jryang@evershineipo.com



Below Link for your reference


Commercialize Your Patents in Taiwan and China

Licence Your Patents in Taiwan and China