Taiwan patent filingfor foreign applicants
Taiwan is not a PCT member, so a PCT application cannot enter the national phase in Taiwan. Foreign applicants file directly with TIPO, claiming priority under the Paris Convention — within 12 months for invention and utility-model patents, or 6 months for design patents. You can secure a filing date with a foreign-language specification and submit the Traditional Chinese translation within the set period, but the Chinese claims define the protection scope, so translation quality is critical. WISECODE handles filing, translation, examination and prosecution as your Taiwan local counsel.
Is Taiwan a PCT member?
No. Taiwan is not a member of the Patent Cooperation Treaty, so a PCT application cannot enter the national phase in Taiwan. Foreign applicants instead file a direct national application with TIPO.
Protection is preserved through the Paris Convention: claim priority from your first foreign filing within 12 months for an invention or utility-model patent, or within 6 months for a design patent.
Filing in English first, and the Chinese translation deadline
You can secure a filing date by submitting the specification in a foreign language, then file the Traditional Chinese translation within the period prescribed by TIPO (a set number of months from the filing date, with extensions available in appropriate cases).
This is more than a formality: the Chinese claims define the scope of protection. A literal or careless translation can narrow your claims or introduce ambiguity, so we treat claim translation as part of prosecution strategy, not clerical work.
Invention vs utility model vs design patent
| Type | Examination | Term | Typical use |
|---|---|---|---|
| Invention | Substantive examination (request within 3 years of filing) | 20 years from filing | Technical inventions and methods |
| Utility model | Formality examination only (registration-based) | 10 years from filing | Product shape or structure; faster registration |
| Design | Examination of the design | 15 years from filing | Product appearance and ornamental design |
Required documents
| Requirement | Detail |
|---|---|
| Specification & claims | English accepted at filing; Traditional Chinese translation due within the set period |
| Drawings | As needed to support the claims (required for design patents) |
| Priority document | Certified copy of the first filing, if claiming Paris priority |
| Applicant & inventor details | Names and addresses (with Traditional Chinese transliteration) |
| Power of Attorney | Simply signed; notarization and legalization are not required |
Examination and prosecution
For invention patents, substantive examination must be requested within three years of the filing date; utility models are registered after a formality check without substantive examination. During examination, TIPO may issue office actions, to which we respond with arguments or amendments within the set period.
Examination timelines vary with the technology field and TIPO workload. We monitor every deadline and report status at each step.
Annuities and portfolio maintenance
Granted patents require periodic annuity payments to stay in force. We manage annuities, recordals and assignments so your Taiwan portfolio remains valid and enforceable.
China patents and FTO
Many foreign applicants need China alongside Taiwan. We file and prosecute China patents and handle China patent FTO through our established China partner, and our team includes a qualified PRC patent agent (中國專利代理人) — so your Greater China patent strategy is coordinated through one counsel rather than split across disconnected agents.
Working with WISECODE as Taiwan local counsel
Whether you are a company or an overseas firm, we file, prosecute and maintain Taiwan patents on your behalf with clear English/Japanese reporting.
Common pitfalls for foreign applicants
- Assuming a PCT national-phase entry is possible in Taiwan — it is not.
- Missing the Paris priority window (12 months invention/utility model, 6 months design).
- Treating the Chinese translation as clerical — it defines claim scope.
- Forgetting to request substantive examination within 3 years for an invention patent.
- Choosing a utility model for speed without understanding it is unexamined and easier to challenge.
How WISECODE helps
- Direct Taiwan filing under Paris Convention priority
- Technical translation (English / Japanese → Traditional Chinese) with claim-scope review
- Patent-type strategy: invention, utility model or design
- Substantive examination and office-action responses
- Annuity, recordal and portfolio management
- China patent filing and China patent FTO through our established China partner (qualified PRC patent agent / 中國專利代理人 on our team)
- Coordination with overseas associates, fixed-fee, English / Japanese reporting
Official references
Frequently asked questions
Is Taiwan a member of the PCT?
No. Taiwan is not a PCT member, so a PCT application cannot enter the national phase in Taiwan. Foreign applicants file directly with TIPO under Paris Convention priority.
How do foreign applicants file a patent in Taiwan if Taiwan is not in the PCT?
File a direct national application with TIPO and claim priority from your first foreign filing under the Paris Convention — within 12 months for invention/utility model, or 6 months for design.
Can I file a Taiwan patent application in English first?
Yes. You can secure a filing date with a foreign-language specification and submit the Traditional Chinese translation within the period set by TIPO.
What is the Chinese translation deadline for Taiwan patents?
The Traditional Chinese translation must be filed within the period prescribed by TIPO from the filing date, with extensions available in appropriate cases. The Chinese claims define the protection scope.
What are the patent terms in Taiwan?
Invention patents last 20 years from filing, utility models 10 years, and design patents 15 years.
Can you also handle China patents?
Yes. We file and prosecute China patents and handle China patent FTO through our established China partner, and our team includes a qualified PRC patent agent (中國專利代理人).
Discuss a Taiwan patent filing
Tell us about your invention and priority position and we will return a filing plan and a fixed-fee quote, including translation.
Helpful to include:
- Technology field and a brief description
- Priority application and filing date (if any)
- Whether a Chinese translation already exists
- Desired patent type and any deadlines
Last updated: June 2026