TIPS^®  Taiwan Intellectual Property Special

Taiwan Introduces Laid-open System for Invention Patents

The current Taiwan Patent Law became effective since October 26, 2001, introducing the Laid-Open System for invention patents filed on or after October 26, 2002. The purpose of the Laid-Open System is for the industry to be capable of knowing the technology information being filed for patents, in order to avoid unstable industry activities and waste on repeated research and investment, and further to upgrade the industrial technology.

Laid-Open System for invention patents is provided in Articles 36-1 to 36-6 of the Patent Law. After an invention application is filed, it will come under formality examination. After confirmed that the invention does not contain national defense secret or other secrets of national security and does not violate public order and good morals, and that the application has not been withdrawn in 15 months after the filing, the content of the invention will be automatically published in the Laid-Open Gazette. The patent applicant and any other person can review, transcribe, photograph, or copy the patent files upon request. In three (3) years after the application is filed, the patent applicant or any other person may apply for substantive examination to the Taiwan Intellectual Property Office. If the application meets the patentability requirements, it can be granted a patent. Failure to apply for substantive examination within the prescribed period will result in the application being deemed withdrawn.

After the “Laid-Open System” becomes effective, the government fee should be NT$ 2,000 upon filing, plus NT$ 6,000 upon application for substantive examination. If the applicant intends to have the application published earlier than 18 months, early Laid-Open is available upon request to the TIPO with NT$1,000 government fee.