Patent and Trademark in Taiwan

Patents in Taiwan

What are the types of patents in Taiwan?

Taiwan’s patent system, administered by the Taiwan Intellectual Property Office (TIPO) under the Ministry of Economic Affairs, offers three distinct forms of patent protection:

Invention Patents: Cover new technical ideas applied to products, processes, or methods. Protection lasts 20 years from the filing date and requires substantive examination. Ideal for complex inventions with broad commercial applications.
Utility Model Patents: A faster, lower-cost route for novel devices, instruments, equipment, or articles with a practical structure. Protection lasts 10 years from filing and is granted without substantive examination (formal examination only), making it suitable for incremental innovations.
Design Patents: Protect the ornamental or aesthetic appearance of an article. Protection lasts 15 years from grant and covers the visual features of a product’s shape, pattern, colour, or a combination thereof.

What is the criteria for patentability in Taiwan?

For an Invention Patent to be granted by TIPO, the invention must satisfy the following requirements:

Novelty: The invention must not have been publicly disclosed before the filing date in Taiwan or internationally.
Inventive Step: The invention must not be obvious to a person skilled in the relevant technical field.
Industrial Applicability: The invention must be capable of being produced or used in any field of industry.

Utility model patents undergo only a formal examination, but are still subject to post-grant invalidation if they fail the inventive step or novelty criteria. Design patents must show distinctiveness in visual appearance from prior art.

What is the patent application process in Taiwan?

The patent application process in Taiwan follows these key stages:

Filing: Applications are submitted to TIPO in Mandarin Chinese (or with a Chinese translation). Foreign applicants must file through a qualified local patent agent.
Formal Examination: TIPO checks that the application meets formal requirements (all required documents, correct fees, correct format).
Substantive Examination (Invention Patents): Taiwan does not conduct automatic substantive examination — applicants must submit a formal Request for Examination within 3 years from the filing date. Once requested, examination typically takes 12–24 months.
Publication: Invention patent applications are published 18 months after filing. Utility model applications are not published before grant.
Grant and Registration: Upon approval, the patent is registered and a certificate of patent is issued.

Taiwan is not a member of the Patent Cooperation Treaty (PCT), meaning international patent applications cannot enter Taiwan via the PCT route. Instead, foreign applicants must file directly with TIPO or claim Paris Convention priority within 12 months of their first filing.

How to renew/maintain a patent in Taiwan?

Patent maintenance in Taiwan requires the payment of annual fees to keep the patent in force:

Invention Patents: Annual fees (renewal fees) are due each year from the 3rd year of the patent term. Fees increase progressively over the 20-year term.
Utility Model Patents: Annual fees are payable from the 3rd year through to the 10th year.
Design Patents: Annual fees are payable in advance and must be maintained for the 15-year term.

A 6-month grace period applies after the annual fee due date, during which fees can be paid with a 20% surcharge. Failure to pay within the grace period results in automatic lapse of the patent. ipRenewal specialises in tracking Taiwan patent renewal deadlines and managing TIPO annual fee payments — ensuring your patent portfolio never lapses due to missed deadlines.

How much does a patent cost in Taiwan?

Patent costs in Taiwan are denominated in New Taiwan Dollar (TWD). Key official TIPO fees include:

Invention Patent filing fee: Approximately TWD 3,500 (basic application fee)
Request for Examination fee: Approximately TWD 7,000 (required to trigger substantive review)
Utility Model filing fee: Approximately TWD 3,000
Design Patent filing fee: Approximately TWD 3,000
Annual renewal fees (Invention): Range from approximately TWD 800 (Year 3) to TWD 6,400+ (Year 20)

Professional fees for a qualified Taiwanese patent agent typically range from TWD 30,000–80,000 for preparation and prosecution. ipRenewal helps businesses manage their ongoing Taiwan annual fee obligations efficiently and cost-effectively.

Trademarks in Taiwan

How long does it take to obtain a trademark in Taiwan?

The trademark registration process in Taiwan is administered by TIPO and typically takes 12–18 months from filing to registration, provided there are no objections or office actions. The timeline includes:

Formal Examination: TIPO checks the application for completeness and correct classification (typically 1–2 months).
Substantive Examination: TIPO examines distinctiveness, similarity to prior marks, and compliance with trademark law (typically 6–12 months).
Publication for Opposition: Once approved, the trademark is published in the TIPO Trademark Gazette for a 3-month opposition period.
Registration: If no opposition is filed (or any opposition is resolved), the trademark is registered and a certificate is issued.

What is the trademark examination process in Taiwan?

Taiwan operates a first-to-file trademark system. Key aspects of the examination process include:

Distinctiveness: The mark must be capable of distinguishing the applicant’s goods or services from those of others. Generic or purely descriptive terms are refused.
Similarity Searches: TIPO conducts searches for prior registered or pending marks that are identical or confusingly similar in appearance, pronunciation, or meaning for the same or related goods/services.
Bad Faith: Applications filed in bad faith (e.g. copying a well-known foreign mark) may be refused or invalidated after registration.
Conventional Priority: Taiwan recognises Paris Convention priority, allowing applicants to claim a 6-month priority window from their first filing in a member country.

How to renew/maintain a registered trademark in Taiwan?

Registered trademarks in Taiwan are valid for 10 years from the registration date and can be renewed indefinitely in successive 10-year terms:

Renewal applications can be filed in the 12 months before expiry or within a 6-month grace period after expiry (with a surcharge).
The renewal fee is paid to TIPO. As of 2025, the official renewal fee is approximately TWD 3,000 per class.
Use requirement: While Taiwan does not require proof of use at renewal, a trademark can be cancelled if it has not been used for a continuous period of 3 years without legitimate reason. Maintaining evidence of use is strongly recommended.

ipRenewal tracks all Taiwan trademark renewal deadlines and submits renewal applications on your behalf, ensuring your trademark registrations remain active without administrative burden on your team.

How much does it cost to register a trademark in Taiwan?

Official TIPO trademark fees (denominated in TWD) include:

Application fee (per class): Approximately TWD 3,000
Registration fee (per class): Approximately TWD 2,500
Renewal fee (per class, 10 years): Approximately TWD 3,000
Late renewal surcharge (grace period): 50% surcharge on renewal fees

Professional fees for a local trademark agent typically add TWD 15,000–30,000 per application. For businesses with multi-class or multi-jurisdiction portfolios, ipRenewal provides consolidated, cost-efficient trademark management across Taiwan and other jurisdictions.

How can ipRenewal help with your Taiwanese IP portfolio?

Managing intellectual property in Taiwan requires ongoing attention to deadlines, fee schedules, and TIPO procedures. ipRenewal provides:

Annual fee management: We track and pay all Taiwan Invention, Utility Model, and Design Patent annual fees to TIPO on time, with deadline reminders built in.
Trademark renewal management: We handle 10-year trademark renewal filings with TIPO, ensuring no registration lapses due to a missed deadline.
Portfolio monitoring: We maintain a complete record of your Taiwanese IP assets, renewal dates, and fee payment history.
Cost savings: Our services save up to 50% compared to traditional IP firm charges for routine annual fee and renewal management.

Whether you have one patent in Taiwan or a full portfolio of inventions, trademarks, and design rights, ipRenewal provides reliable, affordable IP renewal services backed by expert knowledge of TIPO procedures and deadlines. Contact us to discuss how we can streamline your Taiwan IP management today.