Asia Pacific

Taiwan, China

Patent system, trademark registration, annuity management, and renewals in Taiwan, China.

Authority

TIPO

PCT

N/A

Madrid

Non-member

Taiwan Patent Search (TWPAT)

Get a Taiwan, China Quote Ask an Expert

Before You Start

Before filing or quoting, you'll typically confirm these first

1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Taiwan, China
2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement

The sections below cover each module — use the navigation to jump directly to what you need.

Patent System & Process

Patent System in Taiwan, China

Taiwan patents are administered by TIPO (Taiwan Intellectual Property Office), offering three patent types: Invention Patent (20 years), Utility Model (10 years, no substantive examination), and Design (15 years). **Taiwan is NOT a member of PCT or the Madrid system.** All patent and trademark applications must be filed directly with TIPO; international application routes are not available for Taiwan. Applications must be in Traditional Chinese (or with a certified Chinese translation filed within the required period).

Important: Taiwan is NOT a PCT Member ▾

Due to political reasons, Taiwan is not a member of the PCT Treaty and cannot be entered via PCT international applications. **The only way to apply for a patent in Taiwan is to file directly with TIPO.** If the applicant has a prior application in another country, Taiwan recognizes Paris Convention priority (12-month priority period) — but priority must be claimed directly with TIPO, not through PCT. **Practical note:** Taiwan must be separately planned in patent portfolio strategies as a direct-filing jurisdiction. Do not miss the Taiwan filing window (12-month priority date) when managing PCT deadlines.

Source: Taiwan Patent Act; TIPO guidelines; Paris Convention (priority)

Three Patent Types ▾

**Invention Patent:** - Term: 20 years from filing - Requires substantive examination (examination request required; Taiwan examination takes ~1–3 years) - Covers product and process inventions **Utility Model:** - Term: 10 years from filing - No substantive examination; formal examination only; grants in ~6–12 months - Covers shapes, structures, or assemblies of tangible articles only; not applicable to methods - "Technical Report" system: after a utility model is granted, any party may request a Technical Report from TIPO (includes patentability analysis); this report is significant in infringement litigation **Design Patent:** - Term: 15 years from filing - Requires substantive examination

Source: Taiwan Patent Act; TIPO examination guidelines

12-Month Novelty Grace Period ▾

Taiwan provides a **12-month novelty grace period** (for Invention Patents and Utility Models): the applicant's own disclosures (including publications, exhibitions, uses) within 12 months before the Taiwan filing date do not affect novelty. **Note:** The grace period only applies to the applicant's (or applicant-authorized) disclosures, not third-party disclosures unknown to the applicant. Filing before any disclosure is still the most prudent approach.

Source: Taiwan Patent Act Art. 22, Art. 120; TIPO guidelines

Invention Patent Examination ▾

Taiwan invention patents require an examination request (filed within 3 years of the filing date). After the request, TIPO conducts substantive examination (novelty, inventive step, industrial applicability). Overall grant timeline is typically **2–4 years**. Taiwan has PPH agreements with major patent offices for accelerated examination eligibility.

Source: Taiwan Patent Act Art. 38; TIPO examination guidelines

Traditional Chinese Requirement ▾

All patent applications filed with TIPO must be in **Traditional Chinese** (specification, claims, abstract). If the original document is in another language (e.g., English), a certified Traditional Chinese translation must be filed within the required period. High-quality Traditional Chinese translation of the claims is especially critical.

Source: Taiwan Patent Act; TIPO filing guidelines

Trademark System & Process

Trademark System in Taiwan, China

Taiwan trademarks are administered by TIPO's Trademark Division under a first-to-file system. Registrations are valid for 10 years from the registration date, renewable indefinitely. **Taiwan is NOT a member of the Madrid System.** All trademark applications must be filed directly with TIPO in Traditional Chinese; international (Madrid) applications cannot designate Taiwan. Taiwan is an important Asia Pacific economy — a separate Taiwan trademark filing is essential for brands with business interests there.

Important: Taiwan is NOT a Madrid System Member ▾

Due to political reasons, Taiwan is not a member of the Madrid Protocol. **Taiwan cannot be designated via Madrid international applications.** A separate direct application must be filed with TIPO in Traditional Chinese, with applicable TIPO fees. When planning Asia Pacific trademark strategies, Taiwan must be separately accounted for as a direct-filing jurisdiction — do not overlook it.

Source: TIPO trademark guidelines; Political constraints on Madrid accession

Trademark Examination Process and Timeline ▾

TIPO trademark examination process: 1. Application filing (Traditional Chinese) 2. Formal examination 3. Substantive examination (absolute and relative grounds) 4. Respond to any examiners' objections 5. Publication period (3 months; any party may oppose) 6. Registration Typical timeline: approximately **8–15 months** from filing to registration (no opposition, smooth response).

Source: Taiwan Trademark Act; TIPO trademark examination guidelines

Term and Renewal ▾

Taiwan trademark registrations are valid for 10 years from the registration date, renewable in 10-year increments. File renewal within 6 months before expiry (6-month post-expiry grace period applies). No proof of use required for renewal (but 3 consecutive years of non-use creates cancellation risk).

Source: Taiwan Trademark Act Art. 33–34

Non-Use Cancellation (3 Years) ▾

A Taiwan trademark may be cancelled if it has not been genuinely used in Taiwan for 3 consecutive years after registration. Any party may file for cancellation. The registrant must provide evidence of genuine use in Taiwan within the registered period.

Source: Taiwan Trademark Act Art. 63(1)(2)

Patent Annuity

Taiwan, China Patent Annuities

Taiwan invention patents require annual fees starting from the grant date (year 1), continuing until expiry (20 years from filing). Utility models also require annual fees from grant. A late payment grace period applies with a surcharge.

Source: Taiwan Patent Act; TIPO fee schedule

Annuity Reference → Managed Annuities

Trademark Renewal

Taiwan, China Trademark Renewals

Taiwan trademark: 10 years from registration; 10-year renewals. File within 6 months before expiry; 6-month post-expiry grace period. No proof of use for renewal; 3 consecutive years of non-use creates cancellation risk.

Source: Taiwan Trademark Act Art. 33–34, Art. 63

Renewal Reference → Managed Renewals

FAQ

Common Questions — Taiwan, China IP

Is Taiwan a PCT member? Can Taiwan be designated via PCT? ▾

No, Taiwan is not a PCT member and cannot be designated via PCT. Due to political reasons, Taiwan is outside the PCT system. Patents in Taiwan must be filed directly with TIPO. Paris Convention priority (12-month window) can be claimed directly with TIPO for earlier priority applications.

Can Taiwan be designated via the Madrid System for trademarks? ▾

No. Taiwan is not a Madrid Protocol member. Taiwan cannot be designated via WIPO Madrid international applications. All Taiwan trademark applications must be filed directly with TIPO in Traditional Chinese. In Asia Pacific trademark strategies, Taiwan must be planned separately.

What is Taiwan's 'Technical Report' system for utility models? ▾

After a Taiwan utility model is granted (without substantive examination), any party (including potential infringers) may request a Technical Report from TIPO. TIPO analyzes the patentability of the utility model claims and issues the Technical Report (~3–6 months). Courts typically consider the Technical Report findings in infringement litigation. If the Technical Report finds all claims lack patentability, the utility model holder cannot send infringement warning letters without having obtained the Technical Report first — failing to do so may result in liability.

What are the language requirements for Taiwan patent applications? ▾

All TIPO patent applications must be in Traditional Chinese (specification, claims, abstract). If the original document is in English or another language, a certified Traditional Chinese translation must be filed within the required period. High-quality Traditional Chinese claim translation is critical for protection scope.

What is the non-use cancellation period for Taiwan trademarks? ▾

3 consecutive years of non-use after registration. Any party may apply for cancellation. The registrant must demonstrate genuine use in Taiwan during the registration period, or provide legitimate reasons for non-use.

Does Taiwan have a patent novelty grace period? ▾

Yes. Taiwan provides a 12-month novelty grace period for invention patents and utility models, applicable to the applicant's own disclosures (or authorized third-party disclosures), including paper publications, exhibitions, and product use. Not applicable to unrelated third-party disclosures. Filing before any disclosure is still recommended.

Official Reference Sources

Sources for This Page

TIPO Official Website www.tipo.gov.tw Taiwan Patent Search (TWPAT) twpat.tipo.gov.tw/ Taiwan Trademark Search twtmsearch.tipo.gov.tw/

Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.

Need IP assistance in Taiwan, China?

Use our quote tool for an estimate, or contact our experts directly.

Get a Quote → Contact Us