The term for an invention patent is 20 years from the filing date; the term for a utility model patent is 10 years from the filing date.

According to Article 24 of the Taiwanese Patent Act, the following items are not patentable:  

Animals, plants, and essentially biological processes for production of animals and plants, except the processes for producing micro-organisms;

Diagnostic, therapeutic or surgical operation methods for the treatment of humans or animals; an invention which is contrary to public order, morality or public health.

Since its accession to the World Trade Organisation (WTO) in 2002, priority of a Taiwanese application can be claimed for international applications in WTO member states and vice versa. Priority can also be claimed in those countries which have reciprocity agreements with Chinese Taipei (TW) in this respect.

Yes, applicants may request an earlier publication of the application.

Invention patents are substantively examined (novelty, inventive step and industrial applicability).

Since 1 July 2004, utility model patents only undergo an examination for compliance with formal requirements, and are no longer subject to substantive examination. However, after publication, anyone may request from the Taiwan Patent Office (TIPO) a "Technical Evaluation Report" of a utility model application, which may serve as technical reference or as a basis for invalidation actions.

According to Article 25 of the Taiwan Patent Act, filing in foreign languages is possible (title, claims, description, abstract and drawings). However, a Chinese translation must be submitted within the time limit specified by the Taiwan Patent Office (TIPO), which is a maximum of six months. The documents should be printed in traditional Chinese characters.

The opposition system was abolished in 2004, leaving invalidation procedures as the only means to challenge a granted patent. Trial for invalidation can be filed at any time (even after expiration of the patent term).   

SPCs or supplementary protection certificates are known as "patent term extensions" in Chinese Taipei (TW). Such patent term extensions can be granted for invention patents covering pharmaceuticals, agrochemicals, or processes preparing the same, if governmental approval is a requirement for commercialisation of the patented invention. The patent holder may apply for an extension of the patent term for two to five years. Only one extension is possible.

Currently, TIPO's free databases do not offer a machine translation function.  

Basic legal status information can be retrieved from the English interface of the free "Taiwan Patent Search" database hosted by the Taiwan Patent Office (TIPO) at: http://twpat1.tipo.gov.tw/tipotwoc/tipotwekm