Important Considerations for Invention Patents in Taiwan
專利工程師暨法務專員 林春宏
美國柏克萊加州大學 分子生物學士
美國柏克萊加州大學 資訊管理 碩士
加拿大英屬哥倫比亞大學 法律博士
2012-12-06


According to the Taiwan Patent Act (2011), an invention means “the creation of technical ideas, utilizing the laws of nature.”  An industrially applicable invention may be granted a patent if a properly filed application satisfies the requirements of the Patent Law.

However, if an invention was disclosed in a publication, publicly exploited or publicly known prior to the filing of the patent application, the patent claim may be disallowed, except when the concerned patent application is filed within six months of the following events: The invention was (1) publicly disclosed as a result of conducting a test; (2) disclosed in a publication; (3) displayed at an exhibition held or recognized by the Government; (4) disclosed without the consent of the applicant.
 
An applicant wishing to claim exemptions under the aforementioned circumstances (events 1 to 3) should state the fact and the relevant date at the time of filing the patent application and submit evidentiary documents.
 
In addition, certain types of inventions are statutorily excluded from being granted a patent.  For example, animals, plants, and essential biological processes for the production of animals or plants are not patentable, but processes for producing microorganisms can be patented.  Furthermore, diagnostic, therapeutic and surgical methods for the treatment of humans or animals are not patentable.  Likewise, inventions contrary to public order or morality cannot be patented.


References:
Taiwan Patent Act (2011)
http://www.tipo.gov.tw/ch/NodeTree.aspx?path=43
http://www.tipo.gov.tw/en/AllInOne_Show.aspx?path=2531&guid=98c50f60-3afd-46ec-9a13-14289d2ba135&lang=en-us