TIPS® Taiwan Intellectual Property Special China Updates
Priority Claims in Taiwan -- an Overview
As there have been some recent developments in Taiwan's priority system, this issue of TIPS will provide the readers with an overview of Taiwan's priority system, covering these developments.
Taiwan initiated a reciprocal priority system in 1993, allowing applicants from certain countries to claim priority for patent and trademark applications. This has alleviated the inconvenience caused by the fact that Taiwan is not a party to the Patent Cooperation Treaty or Paris Convention.
Priority claims are granted to the applicants from the countries that have concluded reciprocal understandings with Taiwan. To be eligible for a priority claim, the foreign correspondent application must be filed in the foreign country on or subsequent to the effective date of the priority claim understanding. The Taiwan application must be filed within six months (trademark) or twelve months (patent) commencing from the date immediately following the date of the initial application in the foreign country. The following are the countries concluding such understandings with Taiwan and the effective dates of the understandings:
A. Patent Priority
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Effective Dates
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Countries
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Invention
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Utility Model
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Design
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Australia
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11-4-94
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11-4-94
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11-4-94
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Germany
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6-1-95
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6-1-95
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7-6-95
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Switzerland
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1-1-95
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1-1-96
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1-1-96
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Japan
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2-1-96
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2-1-96
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2-3-96
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United States
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4-10-96
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4-10-96
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4-10-96
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France
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9-1-96
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9-1-96
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9-1-96
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B. Trademark Priority
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Countries
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Effective Dates
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United States
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12-24-93««
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Australia
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11-4-94
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France
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9-1-96
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Taiwan would welcome reciprocal understandings from other countries. If your country is not included, you may wish to urge your government to initiate negotiations with Taiwan.
Priority must be claimed from the outset in the application by stating the foreign application date, serial number, and the name of the foreign country that has accepted the application. A certified copy of the foreign application must be filed as evidence within three months from the date of the Taiwan application. Failure to claim priority from the outset or to file the certified copy of the foreign application timely would result in a forfeiture of priority.
In some foreign countries, such as the United States, it may take an extensive period of time to obtain a certified copy of the foreign application. To avoid a forfeiture, a foreign applicant may wish to initiate the process of obtaining such document as soon as possible.
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