The major laws in the intellectual property (IP) field in Taiwan include the Patent Act, the Trademark Act, the Copyright Act and the Trade Secret Act, among others. To obtain protection, applications must be filed and approved to register patents and trademarks, while copyright and trade secret protection require no registration. For patents and trademarks, Taiwan adopts the first-to-file registration system. The right is generally granted to the first applicant for a particular patent, and/or trademark, if all relevant legal requirements are satisfied.
Three types of patents are available in Taiwan, namely, invention patents, new utility model patents and design patents. An invention patent is granted to a technical creation that has novelty, non-obviousness and utility. Invention patents are protected for 20 years from the date on which the patent application was filed. An extension of the patent term is allowed for a pharmaceutical or agrichemical or manufacturing process, taking into account the delay in obtaining the required regulatory approvals.Read more