There are three types patents in Taiwan: invention, utility model, and design patent.

Who can apply a patent in Taiwan and how does one apply?

With US patents, if the patent applicant is not the inventor, then they must submit a patent assignment agreement signed by the inventor when filing the application. This is not required, however, when applying for a Taiwanese patent.  This requirement was repealed in the 2011 amendment of the Taiwan Patent Act and applicants have not been required to provide these documents since Jan. 1, 2013. Patent applicants resident in or with business offices in the territory of the Republic of China (Taiwan) can file an application on their own, or designate an agent to act on their behalf. 

Patent applicants that do not reside or have business offices in the territory of Taiwan are required to designate an agent to act on their behalf when filing.

 Patent applications from applicants who are resident in or with business offices in Taiwan can be submitted to the Taiwan Intellectual Property Office (TIPO) in person, by mail or via the Electronic Filing System, but cannot be submitted by e-mail or by fax. Applicants that do not reside or have business offices in Taiwan cannot submit applications directly to TIPO.

Language requirements

The patent application form must be written in traditional Chinese, however, the description, claims and drawing(s) description can be filed in Arabic, Chinese English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. If these documents are not filed in Chinese, a Chinese translation must be submitted within the specified time period (which differs depending on patent type), otherwise the patent application shall be considered void. 

For invention and design patent applications, the Chinese translation of foreign language documents must be provided within 4 months from the date of submitting the foreign language documents, whereas for utility model patent applications translation must be 2 months after submission of foreign language documents. 

If there is a delay in translation, applicants can request an extension to the deadline for submission of the Chinese translations to up to 6 months from the date of submission of the foreign language documents. 

How can one assert right of priority in Taiwan?

Citizens or residents of member states of the World Trade Organization (WTO) enjoy the benefits of a priority right based on the first application filed in any WTO member if the Taiwanese patent application is filed no later than 12 months after filing the first application.

For design applications, the deadline is 6 months from the filing date of the first application.

To claim priority, applicants must:
(1) specify the name of the country where the first application was filed, the filing date and the application number on the request form, and
(2) submit a document asserting priority within 16 months from the filing date of the first application or the earliest filing date when multiple priority rights are claimed. (Please note that for design applications, the deadline is 10 months from the earliest priority date)

How much do patents cost in Taiwan?

Patent fees vary depending on the type of patent application you submit. There are four basic fees for patents.

(1) The filing fee - non-refundable whether or not a patent is granted. (This is the cost just to have the application processed by TIPO)
(2) The substantive examination fee for invention patent applications - refundable if the applicant withdraws their application before receiving their first office action. (Fees vary according to the numbers of claims and the total page count of your invention patent application)
(3) The certificate fee - payable only if the patent is granted.
(4) Patent annuities - paid before the publication of the patent and each year after the publication of the patent to keep the patent in force.

Please refer to Table 1 for a summary of Taiwanese patent fees.

Table 1.  Taiwan Patent Fees

Source: TIPO, 2016/4/26 (http://www.tipo.gov.tw/ct.asp?xItem=535627&ctNode=6817&mp=2)
Table: Anita Li

The applicant may pay fees in cash, by bank transfer, telegraphic transfer, deposit without passbook, a check, or by direct debit if a deposit account has been established with TIPO.  Please note that TIPO does not accept direct payments by any means from persons residing outside of Taiwan. The payment has to be made by an agent either resident or domiciled in Taiwan.

Any patent application to be filed shall use the forms prescribed by TIPO. Applicants can download forms from the TIPO website, and the forms are only available in Chinese.
http://www.tipo.gov.tw/lp.asp?ctNode=7487&CtUnit=3633&BaseDSD=7&mp=1

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