Taiwan

TaiwanCapital: Taipei
Capital Timezone: GMT + 8
Population: 23,373,517 (est. 2013)
Languages: Standard Chinese
Currency: New Taiwan dollar (NT$) (TWD)
Legal System: Civil law system

Key issues

• All litigation and prosecution in Mandarin (Traditional)
• Ranked 23rd in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

• Specialized IP Court for patent litigation matters since 2008
• Technical Examination Officers can be appointed to assist Judges in technical matters
• Disputing parties allowed to engage experts to issue infringement / non-infringement opinions
• Witness testimonies relied upon
• Infringement proceedings are civil disputes, i.e., no criminal liability
• Prior use (before filing date of patent) is a defence to patent infringement

Prosecution

• Patentable subject matter – all subject matter patentable except animals, plants, and essential biological processes for the production of animals or plants; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; inventions contrary to public order or morality
• Local Substantive Examination procedure required
• Voluntary amendments may not introduce subject-matter extending beyond the scope of the application as originally filed
• Double patenting is a ground of refusal
• Voluntary Divisional applications possible

Other issues

• Not a Contracting State to the Patent Cooperation Treaty
• Priority claim to an earlier application filed in a WTO country recognized by the TIPO
• Six-month novelty grace period available for disclosures made by the Applicant in a pre-filing publication
• An invention can be protected under either an Invention Patent or a Utility Patent but not both
• Patent Term Extensions – possible on grounds of delay in patent exploitation caused by requirement for regulatory approval
• No pre or post-grant opposition procedure available presently
• Parallel importation permitted
• Pharmaceutical Data Exclusivity Laws – data and market exclusivity (5 years)
• Patent Linkage not available presently

For more information contact us on mail@fak.com.au or +61 7 3011 2200.