HomeIP-GuideTaiwan General informationIndustrial Design Taiwan

Taiwan

  • International Country Code:

    TW
  • Time Zone:

    UTC/GMT +08:00
  • Currency:

    Taiwan New Dollar (TWD)

Industrial Design in Taiwan

Taiwan
from 560.00
Number of Priorities
Number of Designs
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  • Design fees

Fees associated with filing industrial design applications in Taiwan as well as other design fees are available in the fee calculator.

  • Multiple design application

Multiple design applications are not possible in Taiwan.

  • Filing requirements of a design application in Taiwan

For obtainment of the filing date an application for the design patent in Taiwan should contain:
- applicant's details;
- pictures of design;
- priority data.

A simply signed copy of Power of Attorney should be provided within 4 months from filing the Taiwanese design application; extension of the said term is not possible. Notarization or legalization is not required.

A certified copy of the Priority Document should be submitted within 16 months from the date of priority. The translation of the front page into Chinese is required. Furthermore, providing an electronic copy (scan) of the priority document is acceptable.

It not necessary to provide an Assignment Deed to the Taiwanese Patent Office if the applicant is not the inventor.

  • Examination of a design application in Taiwan

A Taiwanese design application undergoes formal examination only.

  • Novelty grace period

The following circumstances do not disprove the novelty of industrial design:
- design has been disclosed at an exhibition sponsored or approved by the government of Taiwan;
- design has been disclosed without the consent of the applicant;
- design application is filed to the Taiwan Patent Office within 6 months from the date of any of the above disclosures.

  • Grant, validity term and maintenance fees

The official grant fee should be paid within three months from receiving the design patent grant notice. The validity term of a design application in Taiwan is 12 years from the date of filing. Annual fees are due each year starting from the 1st one and should be paid within three months from the receipt of the Notice of Allowance. The succeeding annuities should be paid one day before the publication date of each payment year. Late payment is possible within a six-month grace period after the due date by paying a corresponding surcharge.

  • Duration of a registration procedure

The processing time from filing to registration is approximately 6 months.

  • Representation by a patent attorney

For foreigners, it is recommended to perform the industrial design prosecution in Taiwan through a registered Taiwanese patent attorney.

  • Note

It is possible to file “partial design” and “derivative design” applications in Taiwan.

Under the partial design protection, an applicant may claim partial parts of a design by using solid lines for indications and using broken/phantom lines to indicate the unclaimed parts.

The derivative design application may be filed if the applicant wishes to file multiple similar designs. To prevent double patenting, the applicant may elect one design as the original and others as derivations. However, please be noted that the derivations will expire on the same date as the original, but the rights of each derivation can be enforced independently.

Brief summary is based on the information provided by TJIP International Patent Trademark Firm on 21.01.2019
Please contact us if the above information contains any discrepancies with Taiwanese IP Laws.

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