TIPS^®  Taiwan Intellectual Property Special

Claiming Priority from PCT or EPC Applications

The Taiwan Intellectual Property Office (TIPO) released a public announcement on November 27, regarding claiming priority on international applications of Patent Cooperation Treaty (PCT) or European Patent Convention (EPC). If the applicant’s home country is a member of the World Trade Organization (WTO), the applicant will be able to claim priority date from an international application of PCT or EPC, provided that the following requirements are met:

1. The applicant home country is designated countries for the international application;

2. The applicant’s home country recognizes the international application as a domestic application.

Besides, since Taiwan was admitted to the WTO on January 1, 2002, the claimed priority date should not be earlier than January 1, 2002.