"*~FAQs for Patent~*"

Patent Filing Practices and Fees

  We can obtain a filing date by submitting the foreign language text with drawings and filing particulars, i.e. the name, nationality and address of the Applicant and inventor. It, however, is necessary for us to submit the Chinese text together with the original of executed power of attorney, assignment, and priority document(s) to the Intellectual Property Office in four months after filing. That is, during the priority term, we can file a foreign language text upon filing to secure the effective local filing date and enjoy the priority claim. After then, it is necessary to supplement the Chinese translation within four months. If necessary, nevertheless, it will be possible to petition a two-month extension for supplementing such translation. Finally, the inextensible term is six months from the filing date. We need to show the priority application country, number and filing date upon filing.

  It is appropriate to file a Taiwanese application with the priority claim of a legal foreign (e.g. a US provisional) application no matter whether the priority application includes a claim. Nevertheless, the claims should nevertheless be included in the later prepared English specification based on which a Taiwanese application is to be filed, together with the abstract and drawings for filing the Taiwanese application.

  For filing a Taiwanese patent application, our service fee and the official fee are NT$16,000 and 3,500 (effective from July 1, 2004) respectively. In addition, the translation fees from English to Chinese are NT$360 per 100 words. The typing fees are NT$240 per 1 page. The service fees for claiming a priority are NT$2,000, and for belated filing of the documents are NT$1,500. In addition, the disbursement will generally be around NT$4,000.

  Any application filed after October 26, 2002 will be automatically published after 18 months from the filing date but not subject to substantive examination, pending the specific request within three years from the filing date. For such request, our service and official fees will be generally NT$3,000 and 8,000up respectively. In addition, if necessary, it will be possible to petition the earlier publication with the official fee NT$1,000 excluding our service charge NT$1,500.

  There exists possible response(s)/amendment(s) at our service fee NT$20,000 each time and/or possible re-examination(s) at our service fee NT$30,000 and official fee NT$8,000 each time, issue service fee NT$2,000 and official fee NT$1,000 and first annuity service fee NT$2,000 and official fee NT$2,500 before obtaining the Patent. The prosecution cost from filing up to grant will depend on the practical developments of the above-captioned application.

  Moreover, for filing a design application in Taiwan, our service fee will be NT$14,000 excluding the disbursement and the official fee(s). In addition, the official fee(s) will be generally NT$3,000. The service fees for claiming a priority are NT$2,000. The service fees for submitting the Chinese description of the design are NT$6,000. In addition, the disbursement will generally be around NT$3,000.

  According to the practice here, the drawings for the design should be drawn in solid lines without presenting any dotted lines. The figure with dotted lines can be only filed as a kind of reference drawings in the actual use status, in addition to the regular 7 figures including 6-side and perspective views where a specific side view can dispense with its mirror view. We can obtain a filing date with the English title and the drawings of the design, filing particulars, i.e. the name, nationality and address of the Applicant/inventor, and the priority application country, number and filing date. It is preferred that you provide us with an additional description as to how and why the design is ornamental since it is necessary for us to submit the Chinese description thereof together with the original of executed power of attorney, assignment, and the priority document to the Intellectual Property Office in four months after filing.

  There is no multiple-design application here. If necessary, we can file one application covering all designs and then file the further divisional application(s) before or after obtaining the office action requiring divisional application(s) be filed. That is, it will be generally necessary for us to file many applications even if there are similar designs for a single article.

  Additionally, if the product could be categorized as an art work and the client desires to have a longer protection therefor, we could try to protect the products under the Copyright Law. Partial Design It is impossible to file the application for a partial design registration for protecting a partial design of the article. That is, it is necessary to draw such design under a concrete carrier/article showing its function and involved actual article. Specifically, dotted lines shown on the Figures are unacceptable by the IPO and will be required to be replaced by solid lines. In addition, in a design specification, we also need the descriptions of the design in connection with the subjects ornamental features.

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Partial Design

 
It is impossible to file the application for a partial design registration for protecting a partial design of the article. That is, it is necessary to draw such design under a concrete carrier/article showing its function and involved actual article. Specifically, dotted lines shown on the Figures are unacceptable by the IPO and will be required to be replaced by solid lines. In addition, in a design specification, we also need the descriptions of the design in connection with the subjects ornamental features.
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