Is Taiwan a PCT member, and how do foreign applicantsfile patents in Taiwan?
No — Taiwan is not a member of the Patent Cooperation Treaty (PCT), so a PCT application cannot enter the national phase in Taiwan. A foreign applicant must instead file a national application directly with the Taiwan Intellectual Property Office (TIPO). You can still claim Paris Convention priority if you file within 12 months of your first application for an invention or utility model, or within 6 months for a design. Claims must be submitted in Chinese, and the Chinese text defines the scope of protection. Appointing a local patent agent is required for applicants without a Taiwan domicile.
Is Taiwan a PCT member?
No. Taiwan is not a member of the Patent Cooperation Treaty. A PCT application cannot enter a Taiwan national phase, even if the same PCT application is used for other jurisdictions.
The practical route is a direct Taiwan national filing with TIPO, usually claiming Paris Convention priority from the first foreign application.
How foreign applicants should file in Taiwan
- File a national application directly with TIPO.
- Claim Paris Convention priority where the deadline is still open.
- Prepare the specification, drawings and claims for Taiwan practice.
- Submit claims in Chinese; translation quality directly affects claim scope.
- Appoint a Taiwan patent agent if the applicant has no Taiwan domicile or business establishment.
Priority deadlines
| Type | Priority window | Term |
|---|---|---|
| Invention patent | 12 months | 20 years from filing |
| Utility model | 12 months | 10 years from filing |
| Design patent | 6 months | 15 years from filing |
Why Chinese claims matter
The Chinese claims define the legal scope of protection in Taiwan. A translation that is literal but technically imprecise can narrow coverage, create ambiguity or make later enforcement harder.
For that reason, claim translation should be handled as patent prosecution work, not as a clerical conversion step.
Invention vs utility model vs design
An invention patent is used for technical inventions and requires substantive examination. A utility model is faster because it is based on formality examination, but it does not receive the same substantive review before registration. A design patent protects product appearance rather than technical function.
Related patent and risk guidance
Foreign applicants often need filing, translation and FTO risk assessed together before Taiwan market entry.
Common pitfalls
- Assuming a PCT application can enter Taiwan national phase.
- Missing the 12-month or 6-month Paris priority window.
- Treating Chinese claim translation as routine clerical work.
- Using a utility model for speed without understanding the examination limits.
- Delaying local-agent appointment until a deadline is already tight.
How WISECODE files your Taiwan patent
- Direct Taiwan national filing under Paris Convention priority
- Patent-type strategy: invention, utility model or design
- Chinese claim translation with technical review
- Substantive examination and office-action responses
- Annuity and portfolio maintenance
- China patent filing and China patent FTO through our established China partner
Official references
Frequently asked questions
Can a PCT application enter the national phase in Taiwan?
No. Taiwan is not a PCT member; you must file a national application directly at TIPO.
Can I still claim priority from my earlier foreign application?
Yes, under the Paris Convention — within 12 months for an invention or utility model, or 6 months for a design.
Do the claims have to be in Chinese?
Yes. Claims are filed in Chinese, and the Chinese text determines the scope of protection.
What is the difference between an invention patent and a utility model in Taiwan?
A utility model undergoes a formality examination and registers faster, while an invention patent requires substantive examination.
Do I need a local patent agent?
Yes, if you have no domicile or business establishment in Taiwan.
Discuss a Taiwan patent filing route
Send us your priority information and specification and we will assess the Taiwan route, deadlines and translation needs.
Helpful to include:
- Priority application number and first-filing date
- Technology field
- Target patent type
- Current claims language
Last updated: June 2026