CUIPFAQsInvention Patent
Invention Patent(From TIPO)

Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the expected purpose(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

An invention patent shall not be granted in respect of any of the following:
  • animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
  • diagnostic, therapeutic or surgical methods for the treatment of humans or animals;
  • Inventions contrary to public order or morality.

To apply for an invention patent, you have to submit an application form, a description, claim(s), an abstract and necessary drawing(s).

Aside from the usual documents required for a regular patent application, you shall, within 4 months after the filing date of patent application or 16 months after the priority date, submit to TIPO a certificate of deposit, indicating the depository, date of deposit and deposit number of the biological material concerned. This requirement does not apply if the biological material involved can be easily obtained by a person ordinarily skilled in the art.

You shall deposit the biological material prior to the filing date of patent application for invention. Please note the ROC is not a member of the Budapest Treaty, and does not recognize the effects of deposits in a foreign depository now. Even though the biological material concerned has been deposited in a foreign depositary, you still have to make a deposit in a domestic depository designated by TIPO. However, if you have made a deposit in an international depositary authority under the Budapest Treaty prior to the filing date, you can make the domestic deposit after the filing date if you can submit the certificate of deposits issued by the designated domestic depository and the foreign depository on time.

When an invention patent application is filed at TIPO, the invention is initially kept secret. However, the invention will be published after 18 months from the filing date or the earliest priority date, even if the examination is not yet concluded. The applicant may also request it to be published earlier. The applicant may also withdraw the application within 15 months after the filing date or the earliest priority date so that details of the invention will not become available to the public.

An invention patent application will not be examined unless a “Request for Substantive Examination” has been received by TIPO. If a “Request for Substantive Examination” is not submitted within three years of the filing date of the invention patent application, the invention patent application is deemed to have been withdrawn.

The average time taken to conclude a case was 38.12 months in 2013. The procedure has been expedited due to the increasing number of examiners.

Applicants may apply for the Accelerated Examination Programs (AEP) or Patent Prosecution Highway (PPH) programs to speed up the process of examination. For more information about AEP, please visit TIPO website via Home > Patents > Accelerated Examination Program (AEP)

For more information about PPH, please visit TIPO website via Home > Patents > Patent Prosecution Highway (PPH).

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC after the date on which the notification is served. You should respond by submitting a written argument or a written amendment, depending on the situation. Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC.

If you don’t respond before the deadline, TIPO will make the decision of refusal.

If an invention patent applicant is dissatisfied with a decision of refusal, he/she may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.

After the laying open of an invention patent application, any person may submit his/her observations concerning the patentability of the invention before the examination decision is made. These observations must be filed in writing and must include a statement of the grounds and evidences on which they are based. There is a standard form for this purpose, and no fee is payable. If the observer has no objection, the observations will be communicated to the patent applicant, who may comment on them.

The person filing the observations is not a party to any official proceedings TIPO undertakes and will not be informed by TIPO about the further outcome of the patent grant proceedings