Patent

Taiwan Patent System

Filing patent applications in Taiwan

1. Categories of patent in Taiwan
Invention Patent: an Invention Patent is a creation of technical concepts by which the natural laws are utilized. The patent term foran invention patent is twenty (20) years from the filing date;

Utility Model Patent: a Utility Model Patent is an article or the improvement therefor in respect of shape, structure and fitting. The patent term for a Utility Model is ten (10) yearsfrom the filing date;
Design Patent : a design patent is a creation made in respect of shape, pattern, color and/or their combination. The patent term for a Design Patent is twelve (12) years from the filing date.

2. First Filing Principle
When two or more applicants apply separately for patent for the same invention or creation, the patent is granted to the applicant whose application was filed first.

3. Patentability
Novelty : the invention or creation must have never been disclosed publicly anywhere before the filing date(absolute novelty); and
Inventive Step : the invention or creation is not obvious to those skilled in the art.

4. Priority Claim
According to Taiwan patent Law, a foreign applicant may claim for priority on the basis of a corresponding foreign application only if all of the following requirements are met:

the 1st patent application has been filed by the applicant in a member of the World Trade Organization;

the country of the corresponding application provides mutual treatment to Taiwan nationals;

Taiwan application is filed within twelve(12) months for Invention/Utility Model applications and six(6) months for Design applications from the priority date;

A claim of priority is simultaneously made on the filing date of Taiwan application; and
The certified copy of the corresponding application is submitted within four(4) months from the filing date.


Currently, Australia, Germany, Switzerland, Japan, France, Liechtenstein, the United States, the United Kingdom, Austria, Paraguay, New Zealand, the Netherlands, El Salvador, the Republic of Costa Rica, Guatemala, Nicaragua, and EPO have mutual treatment to Taiwan nationals for patent applications and thus the applications in these countries may claim priority for their patent applications in Taiwan if the above requirements are met.

5. Documents/Information Required
Specification, claims and drawings,if any, in foreign language (2 copies) or provided in Chinese language (3 copies);
Information of full name, address and nationality of the inventors and applicants;


Filing date and filing number of the corresponding foreign applications;
Assignment signed by the inventor(s), if applicable;


Power of Attorney signed by the Applicant(s);


Certified copy of the priority documents if priority is claimed; and Chinese specification (2 copies).


In order to obtain an effective filing date, items (a) and (b) are required and facsimile copies of items (d) and (e) are acceptable for foreign applicants.The other documents/information should be submitted within four(4) months from the filing date.

6. Examination

Please notice that the substantive examination is replaced by the formal examination for utility model patents.

Formal Examination: if the application meets the minimum formal requirement, it will be given a filing date and a serial number by a notification to the applicant. The notification will also request the applicant to complete all other formal requirements within a given term.

Substantive Examination: Within 3 years from the filing date of a patent application, the applicant (or any person) has to file a request for substantive examination for the patent application. Failing to file such a request within the stipulated deadline, thepatent application shall be deemed withdrawn. If all claims are found allowable under the substantive examination, a notice of the allowance will be issued accordingly. If all or some of the claims are found unallowable or amendments of the claims/specification is necessary, an office action will be issued. The applicant must respond to the office action within a given term (60 days for foreign applicant). Then a formal decision of allowance or rejection will be issued accordingly.

If the application is rejected by a formal decision, a petition forre-examination must be filed within 60 days, and the arguments forre-examination can be submitted later on.

Appeal: If the application is still rejected under re-examination,administrative appeal, re-appeal and administrative suit are successively available.


7. Publication (not applicable to Utility Model applications and Design applications)

A patent application shall be laid-open after a period of 18 months from itsfiling date. However, if one or more priorities is/are claimed to the subject application, the publication of the subject application shall take place after a period of 18 months from the earliest priority date.

8. Granting Patent Right

While a patent application is approved by a written decision, it shall be published after the issue fee and the 1st annuity fee are duly paid within 3 months after receipt of the said decision. If the prescribed fees have not been paid within the deadline, no publication will be made and the patent right will not exist henceforth.

9. Annuity

Subsequent annuities are due before anniversary of the publication date eachyear with a grace period of six months with a find equal to the annuity due.


When we invent or create a new product or method, which can be manufactured, used, and applied by industries, we want to protect the rights of the invention or the creation by applying through the Taiwan Intellectual Property Office (hereinafter referred to as“TIPO”) for a patent. Patent rights are granted after the application is examined and approved under the Patent Act. The patentee of a patented article shall have the exclusive right to preclude others from manufacturing, selling, contracting to sell or use, or importing the patented article for any of the above purposes without his/her prior consent.

"Patents" are classified differently in different countries. Pursuant to the provisions of the ROC Patent Act, "patents" are classified into following three categories:

  1. Invention: a creation of technical concepts that utilizes the rules of nature to reflect on the application of an article or a method.
  2. Utility Model: a creation of technical concepts that utilizes the rules of nature to reflect the innovation of a form, construction, or installation of an article and to reflect on the application of an article or a method.
  3. Design: uses the shape, pattern, color, or combination of an article to enhance its quality, affinity, and value through visual effects to reflect on the application of an article or a method.

Yes. The patent rights for Inventions, Utility Models, and Designs are effective starting from their issue dates. They are:

  1. Invention: 20 years from the filing date.
  2. Utility Model: 10 years from the filing date.
  3. Design: 15 years from the filing date.

An "Invention Patent" is classified into "Invention of an Article" and "Invention of a Method". Any inventions of purpose with 'application', 'usage', and 'purpose' as their filing basis are regarded as an invention of method.

  1. Invention of an article includes: materials; articles
  2. Invention of a method includes: a manufacturing method of an article; technical methods of non-outcome
  3. Invention of a purpose: a new purpose of an article
  1. The subject matter of a " Utility Model Patent" is the form, construction, or installation of an article.
  2. A "Utility Model Patent" excludes any methods, purposes, animals, plants, microorganisms, biomaterials, and materials of uncertain shapes.
  1. The subject matter of a "Design Patent" is limited to incorporating the shape, pattern, color, or combination of an article.
  2. Applying for a Design Patent must possess substantiality and visuality.
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  1. An "Invention Patent" must proceed to substantial examination and comply with the elements of industrial capability, novelty, and inventive steps.
  2. A "Utility Model Patent", merely requires the patent office to examine the formality of the application but not the substantial content.

A patent is usually effective in a granting country or region only, but not in countries outside of applying countries. As the result, an applicant can only obtain the same patent in different countries by filing an application in those countries individually. A "World Patent" or an "International Patent" application goes through an international patent organization (i.e. Patent Cooperation Treaty), which jointly applies to all the member countries and obtains an identical filing date and enters in each country for examination in a later time. Or, an "International Patent" can also file an application through a regional patent organization (i.e. the European Community) to obtain a regional patent.

Concepts are not subject to patent protection. Applicants must disclose concrete and applicable techniques and comply with the subject matters of a "Invention Patent", "Utility Model Patent", or "Design Patent" in order to obtain the patent right.

No. Following are the difference between a patent and a trademark:

  1. 1. A "Trademark" is a sign that is used to distinguish one's goods or services. It refers to a sign consisting of any word, figure, symbol, color, sound, three-dimensional shape or any combination thereof.
  2. 2. A "Patent" refers to subject matters comply with the above-identified "Invention Patent", "Utility Model Patent", and "Design Patent".

Invention Patent and Utility Model Patent: 1. Industrial capability 2. Novelty 3. Inventive steps
Design Patent: 1. Industrial capability 2. Novelty 3. Creativity

Filing a patent should submit to TIPO an application, a specification, and necessary drawings (drawing of a design can be replaced by colored pictures) in order to obtain a filing date.

  1. The specification of an "Invention Patent" should include the title, abstract, description, and claims of the invention.
  2. The specification of an "Utility Model Patent" should include the title, abstract, description, and claims of the utility model.
  3. The drawings of an "Design Patent" should include the title, description of the invention, description of the drawings, and drawings of the design.

Filing an invention patent should submit an application, a specification, and drawings to TIPO.

  1. After TIPO accepts the application, if there is any document or other requirement missing, TIPO will issue a Supplemental Notification to the applicant.
  2. The date the application, the specification, and the drawings are submitted in completion is referred to as the filing date.
  3. After TIPO receives the filing documents, examines for it's formality, and finds no reason for non-publication, the application will be published after 18 months from the filing date (the applicant is allowed to request for an early publication).
  4. Any third party can request a substantial examination for an invention application within 3 years from the filing date. If a substantial examination is not filed within 3 years from the filing date, the application will be withdrawn.
  5. If an application is examined and rejected, an Office Action that includes rejection reasons shall be prepared and sent to the applicant or the applicant's representative. In the case that the applicant does not accept the rejection, the applicant shall file a response/amendment within 60 days from the mailing date of the Office Action in order to request for a re-examination.
  6. If an application is examined and allowed, the patent right shall be granted and a Notice of Allowance shall be issued.
  7. An application shall be published and issued a certificate after the issue fee and the 1st annuity have been paid within three months after receiving the Notice of Allowance. Whereas the said fees are not paid within the stipulated deadline, the patent right of the invention shall not exist ab initio.

The effective period of the patent right starts from the issue date. Hence, the patent right only becomes effective on the issue date. However,

  1. After the publication of the invention, the applicant can inform the infringer of the invention content in a written form.
  2. If the infringer continues to apply the invention in commerce between the time period of information from the patentee and the issue date of the patent, the patentee has the right to request for appropriate compensation after the issue date.

Filing an invention patent should submit an application, a specification, and drawings to TIPO.

  1. After TIPO accepts the application, if there is any document or other requirement missing, TIPO will issue a Supplemental Notification to the applicant.
  2. The date the application, the specification, and the drawings are submitted in completion is referred to as the filing date.
  3. After TIPO examines the filing documents and finds all procedures are followed by rules, the specification of the application will be examined for its formality.
  4. If an application is examined for formality and objected, an Office Action that includes objection reasons shall be prepared and sent to the applicant or the applicant's representative.
  5. If an application is examined and allowed, the patent right shall be granted and a Notice of Allowance shall be issued.
  6. An application shall be published and issued a certificate after the issue fee and the 1st annuity have been paid within three months after receiving the Notice of Allowance. Whereas the said fees are not paid within the stipulated deadline, the patent right of the invention shall not exist ab initio.

Filing an invention patent should submit an application, a specification, and drawings to TIPO.

  1. After TIPO accepts the application, if there is any document or other requirement missing, TIPO will issue a Supplemental Notification to the applicant.
  2. The date the application, the specification, and the drawings are submitted in completion is referred to as the filing date.
  3. If an application is examined and rejected, an Office Action that includes rejection reasons shall be prepared and sent to the applicant or the applicant's representative. In the case that the applicant does not accept the rejection, the applicant shall file a response/amendment within 60 days from the mailing date of the Office Action in order to request for a re-examination.
  4. If an application is examined and allowed, the patent right shall be granted and a Notice of Allowance shall be issued.
  5. An application shall be published and issued a certificate after the issue fee and the 1st annuity have been paid within three months after receiving the Notice of Allowance. Whereas the said fees are not paid within the stipulated deadline, the patent right of the invention shall not exist ab initio.
  1. International Right of Priority: a patent applicant, who has legally filed his/her first patent application in a member of the World Trade Organization (hereinafter referred to as the "WTO") or in a foreign country which allows ROC nationals to claim priority based on reciprocity and has filed his/her patent application for the same techniques in the ROC within twelve (12) months (six (6) months for a design) from the filing date of his/her first patent application in said foreign country, may claim the filing date of said foreign application as the priority date, and use it as the reference date of applications in other countries.

2. Domestic Right of Priority: an applicant files a subsequent application based on a prior invention application or utility model patent application filed by himself/herself in the ROC, he/she may claim for the priority right in respect of the invention or creation described in the specification or drawings submitted along with his/her prior patent application. If the priority is not claimed within fifteen (15) months from its filing date, the priority will be withdrawn. However, applications with the following conditions are not allowed to claim priority:

  1. If the filing date of the prior application is more than 12 months from the claiming date
  2. If the prior application already claimed priority
  3. If the prior application is a Divisional Application or Converted Application
  4. If an examination decision has been made for the prior application

A Technical Evaluation Report allows anyone to, after its publication, request TIPO for a Technical Evaluation Report regarding a utility model, in order to clarify if said utility model complies with the patentability of utility models.

  1. When exercising his/her utility model patent right, the patentee should give warnings to the public by providing a copy of the Technical Evaluation Report .
    2. In the case the utility model right is revoked, the patentee has the liability for damages caused, before the cancellation, to any other persons due to the exercising of his/her utility model right.
    3. In the case the utility model right is revoked, if the damages caused, before the cancellation, to any other persons due to the exercising of the patentee's utility model right are actions based on the Technical Evaluation Report, the actions are assumed unintentional.

If a third person discovers information against a granted patent, an invalidation action shall be instituted to request for revocation of the patent. Followings are the regulations for revoking different patent rights:

◎Invention Patent Right

    1.  A patent is owned by more than 2 patentees but not applied by all the patentees.
    2. A creation of technical concepts that does not utilizes the rules of nature.
    3. A creation that does not comply with the elements of industrial capability, novelty, and inventive steps.
    4. A creation whereas its content is the same with a prior application.
    5. A creation that is the primary biological method of animals, plants and the production of the same (excluding production method of microorganisms); the diagnosis, treatment, or surgical method of human or animal diseases; the cause of disarray of the social order, honesty, and sanitation.
    The specification that does not specify the title, description, abstract, and claims of the invention. The description of the invention is not clear and does not disclose known prior arts and results in the professionals in the relevant technological field unable to understand the content and ways to carry it out. Claims of the invention are not clear and do not support the description of the invention and its drawings.
    Whereas there are two patent applications generating from the same invention, only the earlier application is granted the patent right.
    The supplements and/or amendments of the specification or drawings of an invention that exceed the original scope of the specification or drawings.

◎Utility Model Patent Right

   1. A patent is owned by more than 2 patentees but not applied by all the patentees.
    2.A creation of technical concepts that does not utilizes the rules of nature to reflect the innovation of a form, construction, or installation of an article.
    3.A creation that does not comply with the elements of industrial capability, novelty, and inventive steps.
    4.A creation whereas its content is the same with a prior application.
    5.A creation that causes disarray of the social order, honesty, and sanitation.
    The specification that does not specify the title, description, abstract, and claims of the utility model. The description of the invention is not clear and does not disclose known prior arts and results in the professionals in the relevant technological field unable to understand the content and ways to carry it out. Claims of the utility model are not clear and do not support the description of the utility model and its drawings.
    Whereas there are two patent applications generating from the same utility model, only the earlier application is granted the patent right.
    Whereas there are two patent applications generating from the same utility model, the one that is not a broad concept of a utility model.
    The supplements and/or amendments of the specification or drawings of a utility model that exceed the original scope of the specification or drawings.

◎Design Patent Right

    1.A patent is owned by more than 2 patentees but not applied by all the patentees.
    2.A creation that does not use the shape, pattern, color, or combination of an article to enhance its quality, affinity, and value through visual effects to reflect on the application of an article or a method.
    3.A creation that does not comply with the elements of industrial capability, novelty, and inventive steps; the same applicant wishes to patent a similar design, which is originated from the original design application, without filing it as associated design.
    4.A creation whereas its content is the same with a prior application.
    5.A creation that is a purely functional design of an object; a purely artistic creation; digital and electronical circuit layouts; the cause of disarray of the social order, honesty, and sanitation; the same as or similar to a political party flag, national flag, National Father picture, national badge, army flag, national seals, and medals of honor.
    The creation that does not specify the title, description of the specification, description of the drawings, and drawings of the design. The description of the drawings is not clear and does not disclose known prior arts and results in the professionals in the relevant technological field unable to understand the content and ways to carry it out.
    Whereas there are two patent applications generating from the same invention, only the earlier application is granted the patent right.
    The supplements and/or amendments of the description of drawings of a design that exceed the scope of the original description of drawings.

China Patent System

The current Patent Act of China was amended after July 1, 2001. There are three types of patent applications: invention application, utility model patent application, and design patent application. The invention patent application will be published after 18 months from the filing date, and the applicant must request for substantive examination within three years from the filing date. For utility model patent and design patent applications, there is no examination procedure. 

An Invention patent application is subject to substantive examination and it takes about 2 to 4 years from the filing date to receive Notice of Allowance.

A Utility Model patent application is subject to formality examination and it takes about 4 to 12 months from the filing date to receive Notice of Allowance. 

A Design patent application is subjected to formality examination and it takes about 4 to 12 months from the filing date to receive Notice of Allowance. 


For Invention patents, the terms are 20 years from the filing date. 

For Utility Model patents, the terms are 10 years from the filing date.

For Design patents, the terms are 10 years from the filing date. 

Yes. Applicants can claim priority of Taiwan's parent application. However, there must be at least one applicant or inventor whose nationality belongs to Taiwan, China or Hong Kong. If not, the priority claim will be deemed invalid.  

For Invention and Utility Model patents filed on the same date and no grounds of rejection are found against the Invention application, the patent department shall notify the applicant to file statement of abandonment of the Utility Model patent  within a stipulated term. The right of the Utility Model patent will be terminated from the date the Invention patent is published. 

Yes. Applicants may voluntarily amend the specification of an Invention patent application at the time of filing a request for substantive examination or within 3 months from the receipt of the substantive examination notification. For Utility Model and Design applications, the time to amend the specification is within 2 months from the filing date. 

If the invention patent application involves new biological material, the applicant must deposit the sample of the said biological material to institutions admitted by SIPO before the filing date (if the application claims priority, the material must be deposited before the priority date). Then, the applicant must submit the certificate of deposit and viability certificate within four months from the filing date. 

Yes. The applicant may provide colored drawings or photos to claim color in Design applications. 

No. Divisional application of an Invention application can not be changed to other types of patent applications. 

The filing date of a divisional application is the same as its parent application. If the parent application claims priority, the divisional application can enjoy the same priority claim, but what is disclosed in the divisional application can not exceed the scope of what was originally filed in the parent or divisional application. 

When SIPO issues Office Rejection, the applicant may file a request for re-examination, together with the applicant's response and necessary evidence, if needed. 

To invalidate patents, whether entirely or partially, the applicant shall submit a request form and necessary evidence to Patent Re-examination Board. A request of patent Invalidation must include all the evidence submitted and clearly states the grounds and reasoning of invalidation and their respective supporting evidence. 

After receiving Notice of Allowance, the applicant should pay issue fee within 2 months from the receipt of the Notice of Allowance. 

During the examination of patent invalidation, the patent owner of the invention or utility model patent may amend its claims, but not its specification and drawings and may not broaden the scope of the claims. For design patents, the patent owner may not amend drawings, photos and description. 

US Patent System

There three types of patents in the United States: Utility, Design and Plant patents. All of the three types of patents require substantive examination. The applicant has the obligation to submit Information Disclosure Statement to the patent office. Applicants are classified into large entity, small entity and micro entity. Applicant must declare their entity status as it is. If the entity status of the applicant is found to be false or deceitful, the right of patent will be invalidated. 

For Utility and Plant Patents, the patent will be valid for 20 years from the filing date of the application.

For Design patent applications, the term is 15 years from the issue date of the application.

No. There is no Utility Model Patent in the patent system of U.S.A.

A corporation (including its affiliates) that has more than 500 employees are considered large entity.

Individuals, universities or high educations, governmental research institutes, non-profit organizations, or corporations that have employees less than 500 persons are considered small entity.


35 U.S.C. 123(a) provides that the term ‘‘micro entity’’ means an applicant who makes a certification that the applicant: (1) Qualifies as a small entity as defined in 37 CFR 1.27; (2) has not been named as an inventor on more than four previously filed patent applications, other than applications filed in another country, provisional applications under 35 U.S.C. 111(b), or international applications for which the basic national fee under 35 U.S.C. 41(a) was not paid; (3) did not, in the calendar year preceding the calendar year in which the applicable fee is being paid, have a gross income, as defined in section 61(a) of the Internal Revenue Code of 1986 (26 U.S.C. 61(a)), exceeding three times the median household income for that preceding calendar year, as most recently reported by the Bureau of the Census; and (4) has not assigned, granted, or conveyed, and is not under an obligation by contract or law to assign, grant, or convey, a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is being paid, had a gross income, as defined in section 61(a) of the Internal Revenue Code of 1986, exceeding three times the median household income for that preceding calendar year, as most recently reported by the Bureau of the Census. 37 CFR 1.29(a)(1)-(4) implements the requirements under 35 U.S.C. 123(a)(1)-(4) for establishing micro entity status on the gross income basis.

No. However, if the applicant wants o claim micro entity status and the application is not assigned to any party that is non-micro entity status, the applicant needs to sign a "Certification of Micro Entity Status".

Universities, governmental research institutions and non-profit organizations outside the territory of U.S.A are not eligible for micro entity status.


According to the Patent Act of the United States, applicants who become known to relevant prior arts of the application have the obligation to disclose such prior arts to USPTO. If the applicant does not do so on purpose, the patent right could be invalidated. 

Yes. A certified copy of priority document can be submitted within 16 months of the earliest priority date or within 4 months from the U.S. filing date, whichever is later.

Yes. Chinese specification can be filed at first with USPTO, but a verified English specification must be supplemented within two months from the filing date.

If a Final Office Action was issued to a Utility Patent application, it is preferred to file a response and amendment within two months from the issue of the Action to avoid extension fees.

Yes. Registrants must pay maintenance fees before the expiry of 3.5 year, 7.5 year and 11.5 year to avoid the lapse of the patent right. 

There is no need to pay maintenance fees for design patents.

Japan Patent System

The current Japanese patent act was amended and implemented since January 1, 2000. There are three types of patents available in Japan: Invention patent, utility model patent and design patent. The patent system in Japan is roughly the same as the patent system in Taiwan. 

The term for patent registration is valid for 20 years from the filing date. 

The term for Utility Model application is valid for 10 years from the filing date. 

The term for Design application is valid for 20 years from the registration date.

Patent application in Japan undergoes substantive examination. Usually it takes about 2 to 5 years for an application to proceed to grant. For utility patent applications only formality examination applies, which will take about 3 months to grant. Design applications also adopt substantive examination and it takes about 6 to 15 months to grant. 

Yes. JIPO accepts photos in substitution of drawings in the design applications. 

Yes. However, please note that JIPO only accepts English specification. Chinese specification or simplified Chinese specification can not be accepted by JIPO. 

The claims fees for Japanese patent applications are calculated according to the number of claims in the specification. Additional fees will be incurred if there is more than one claim. 

When paying the issue fee for Japanese patent applications, applicant must also pay first to third annuity to JIPO. Afterwards, the application may opt to pay annuity per year or pay in a lump sum.

EPO Patent System

To apply for European patent applications, one can file an application to European Patent Office for European patent application, while the design application must be filed through Office for Harmonization in the Internal Market (OHIM). 

Once the application was granted after examination, applicants may pay grant fee, validation fees and annuities to EPC contracting states in order to acquire protection in the desired countries. It is easier in terms of time spent and management. The costs are also lesser than filing applications in respective countries. 

For design patents filed through OHIM, the application will undergo formality examination and automatically be validated in all the contracting states after the application is allowed. 

For conventional "invention" patent, the term is 20 years from filing date of the application.
For design patents, the protection term is valid for 5 years from the filing date and can be renewed every 5 years for 4 times. Therefore, the maximum protection term for design patents is 25 years from the filing date. 

No. There is no utility model patent in EPO.

For EP patent applications, the specification can be filed in English, French or German.

Up until now, the member states of EPO are as follows: Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Monaco, Former Yugoslav republic of Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Slovenia, Slovakia, San Marino, and Turkey. In addition, there are a few extension states which include the following: Bosnia and Herzegovina and Montenegro. 

After the invention patent is filed, EPO will issue a search report. The applicant must request for examination, pay the designation fee and submit amendment according to the Search Report within six months from the date the Search Report is published. If the aforementioned is not done within the stipulated period, the application is deemed withdrawn.

After EPO issues Intention to Grant, the applicant has to pay grant fees and submit claims translations in the other two official languages prescribed by EPO. For example, if the application is filed in English, the applicant has to submit German and French translation on claims when receiving Intention to Grant. 

No. After the payment of grant fee and submission of the claim translations, the applicant has to decide in which member states s/he wishes to enjoy the right. The applicant then must, based on the regulation of the desired state, pay the respective validation fee and translation on the specification and/or claims in the official language of the desired member state. The applicant can acquire patent protection only after the aforementioned procedures are completed. 

Yes. After a design patent being granted, the patent automatically becomes enforceable in all the 28 member states. In addition, the scope of the protection of the design patent varies when there is addition of subtraction to the member states of design patent protection.

No. The scope of protection of design patent is automatically all the member states. You cannot limit the enforceability to less than all the member states.

EP design patent protects the appearance in whole or in part of industrial products or handicraft products, including the color, outline, shape, line, grain, material, or ornamental design. A set of designs can be filed as a multiple-design patent application.

Korea Patent System

Korean Patents include Invention, Utility Model and Design patent. What is most different than most countries is that the Utility model in Korea requires substantive examination for patentability before the application can be allowed. 

For Invention patents, the term of protection is 20 years from the filing date. 
For Utility Model patents, the term of protection is 10 years from the filing date. 
For Design patents, the term is 15 years from the registration date.

For invention applications, applicant should file a request for substantive examination within five years from the filing date. For utility model patent applications, applicant should file the request within 3 years from the filing date. 

Different from utility/utility model application, there is no need to request for substantive examination for a design patent application. The patent office will conduct substantive examination directly without request.

Yes. If the applicant of a patent application is the inventor, the applicant is qualified for discounts on application fee, substantive examination fee, issue fee (1st to 3rd year annual fee), and 4th to 6th year annual fee.

No. The discounts for small and medium enterprises only apply for enterprises in Korea. Foreign enterprises are not qualified.

After receiving Decision of Refusal, you can file a re-examination or an appeal. When filing a re-examination, you can also propose amendment and argument, but the amendment is limited to further limiting claims, correcting errors, or making claims clear. Amendment is not available when filing an appeal.

Generally, you can receive a decision within seven months of the filing day of a design patent application.

Yes. The photographs need to be able to clearly illustrate the design, and the background should be plan with no shadow. The size of the photographs shall not be larger than 10cm x 15cm, and shall not be smaller than 7cm x 10cm.

No. Industrial applicability is one of the requirements for patent eligibility. Method of medical treatment is deemed lack of industrial applicability, and thus unpatentable.

When applying for patents for microorganisms, the applicant shall deposit the related microorganism, and submit certificate of deposit. However, if it is relatively easy to obtain such microorganism, there is no need to deposit. A statement should still be submitted regarding how to obtain such microorganism.

No. Computer programs are not patentable. However, they can be protected under Copyright Act, and/or under Protection Act of Computer Program of Korea Software Copyright Committee, SOCOP.

No. Applying for utility and utility model patent is based on a First-to-File system in Korea. If someone has already filed in Korea a utility or utility model application for your invention, you can no longer obtain a patent. As per Korea Patent Act article 36, where two or more applications relating to the same invention are filed on the same date, only the person agreed upon by all the applicants after consultation may obtain a patent for the invention. If no agreement is reached or no consultation is possible, none of the applicants shall obtain a patent for the invention.

PCT Patent System

PCT application, the abbreviated form for Patent Cooperation Treaty, is an international patent application filed through WIPO. 

The advantage of PCT application is that the applicant can file the application through one receiving office and enter the contracting states after 20 to 30 months' of time of consideration without losing the novelty of the patent and filing date. 

However, the applicant should bear in mind that one still needs to file a request for entering the national stage and pay necessary fees to have the local patent authority examine the patent according to local laws and regulations. 

PCT currently have 148 contracting states, including 33 countries in Asia, 25 countries in the Americas, 43 countries in Europe, 2 countries in Australia and 45 countries in Africa. For the latest update and information on the list of PCT contracting states, please visit: http://www.wipo.int.

Up until now, the PCT contracting states in Asia are: Armenia, Azerbaijan, Bahrain, Brunei Darussalam, China, Democratic People’s Republic of Korea, Georgia, India, Indonesia, Iran (Islamic Republic of), Israel, Japan, Kazakhstan, Kyrgyzstan, Lao People’s Democratic Republic, Malaysia, Mongolia, Oman, Papua New Guinea, Philippines, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Singapore, Sri Lanka, Syrian Arab Republic, Tajikistan, Thailand, Turkmenistan, United Arab Emirates, Uzbekistan, and Viet Nam.

Up until now, the PCT contracting states in America are: Antigua and Barbuda, Barbados, Belize, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica,  Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, and United States of America.

Up until now, the PCT contracting states in Europe are: Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Republic of Moldova, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine, and United Kingdom.

Up until now, the PCT contracting states around Australia are: Australia and New Zealand.

Up until now, the PCT contracting states in Africa are: Algeria, Angola, Benin, Botswana, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Egypt, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, United Republic of Tanzania, Zambia, and Zimbabwe.

The applicant must be a citizen or resident of the PCT contracting state. For Taiwanese applicants, you can file an international application via China. 

No. You cannot claim priority from a Taiwanese application for a PCT application, but a priority in China can be claimed.

After filing a PCT application, applicant may receive International Search Report within 6 months for determining whether to enter national phase, and for filing amendments. Applicant may also request a "International Preliminary Examination," the International Preliminary Examination Report on Patentability will give explanation on International Search Report for the applicant to determining the success rate in national phase. However, the final decisions of each country will not be bound by the International Preliminary Examination Report.

Any amendment filed in international phase applies to every PCT contracting states. The applicant does not have to file the amendment in each country.

Most of the contracting states require the request to enter national phase be made to the countries within 30 months of the international filing date (priority date). The deadlines in some contracting states remain as 20 months.

Yes. Besides entering contracting states for patents in the counties, the applicant can also choose to enter regional patent offices to obtain regional patents. The available regional patent offices are: African Regional Intellectual Property Organization (ARIPO), Eurasian Patent Office (EAPO), European Patent Office (EPO), and African Intellectual Property Organization (OAPI).