Insights · Taiwan IP
Analysis from the practitioners who handle the matters.
Working notes on Taiwan intellectual property practice, written for foreign counsel and rights holders deciding how to file, protect, and enforce in Taiwan.
Taiwan priority claims: why a USPTO file-wrapper copy did not count as a priority document
A US applicant filed a USPTO-certified copy of its file wrapper with TIPO three days before the 16-month deadline. Taiwan's Intellectual Property and Commercial Court, and then the Supreme Administrative Court, held that it was not a priority document, and the priority claim was deemed not to have been made. This note walks through Article 29 of the Patent Act, the two judgments and two related cases, and sets out what to check before the deadline.
Taiwan–US priority document exchange: how the access code works in both directions
Since September 4, 2026, TIPO and the USPTO exchange patent priority documents electronically. An access code can replace the paper certified copy in both directions, but the 16-month (10-month for designs) statutory period does not move. This article covers how the Taiwan side works, what happens when the exchange fails, and how it applies to applications filed earlier.
When your Taiwan distributor registers your mark: the DT56a case and the five-year limit
A Taiwan distributor registered the name of its supplier's compound formula, DT56a, as a trademark, said it would transfer it later, and never did. The Taiwan Intellectual Property Office (TIPO) cancelled the registration under Article 30(1)(xii) of the Trademark Act, and the courts left that decision in place. Below: the provision, what the court weighed, the five-year limit on invalidation, and what a distribution agreement should say.
Taiwan's draft copyright guidelines on generative AI: training data, AI output and the AI Basic Act
TIPO's copyright guidelines on generative AI are still a draft. At its July 2026 public hearing, TIPO recommended licensing works used for training for now and said the guidelines will not decide infringement. In TIPO's view, fully AI-generated output is not protected.
Parallel imports in Taiwan: the NEFFUL case and group-held trademarks
Taiwan's Supreme Court held in 2024 that a Taiwan trademark owner could not stop the resale of genuine NEFFUL goods bought in Japan, because the rights in Taiwan and in Japan derived in essence from the same right holder within one brand group. This note walks through Article 36(2) of the Trademark Act, the judgment, and the steps brand owners and resellers should take.
Taiwan's draft 2027 patent examination guidelines: trademarks in claims and combined evidence in invalidation
TIPO has pre-announced a 2027 edition of two chapters of its patent examination guidelines. Under the draft, a trademark or trade name in a claim makes the claim unclear unless an exception applies, and combined evidence in invalidation actions is handled differently. The draft is not yet in force.
Is Taiwan in the PCT? How to bring a PCT-family invention into Taiwan
Taiwan is not a PCT member and has no PCT national phase. To claim priority for a PCT-family invention, an invention or utility model application must be filed directly in Taiwan within 12 months after the earliest priority date.
Taiwan patent filing checklist for foreign applicants
A Taiwan invention patent application gets its filing date once the application form, the description, the claims and any necessary drawings are all on file. This checklist shows what else to send, what can follow, and by when.
Power of attorney for Taiwan patent and trademark filings
An applicant with no domicile or business establishment in Taiwan must be represented by an agent before TIPO, under a signed power of attorney. Taiwan’s patent and trademark laws and enforcement rules do not require it to be notarized or legalized.
Taiwan patent and trademark deadlines at a glance
Taiwan patent and trademark time limits are either fixed by statute or designated by the Taiwan Intellectual Property Office (TIPO) in a notice. Two tables give each period, the day it is counted from, whether an extension may be requested, and the provision it rests on.
How long does a Taiwan patent or trademark take?
For 2025, the Taiwan Intellectual Property Office (TIPO) reported an average first office action pendency of 8.0 months and an average disposal pendency of 13.8 months for invention patent applications, both counted from the request for substantive examination; for trademark applications the two averages were 5.6 and 7.1 months (TIPO Annual Report 2025). These are published averages, not a forecast for any individual case.
Three Thresholds for Trade-Secret Protection in Taiwan: Secrecy, Economic Value, Reasonable Measures
An employee leaves with the client list and joins a competitor — can the company sue for trade-secret misappropriation in Taiwan? The answer turns not on how complex the list is, but on whether it clears three thresholds. Most losses fail the third.
FAQ
Common questions from foreign counsel
- Can a PCT application enter the national phase in Taiwan?
- No. Taiwan is not a member of the PCT, so a PCT application cannot enter a national phase in Taiwan. To claim priority, an invention or utility-model application must be filed directly with TIPO within 12 months of the earliest priority date; for a design application the period is 6 months.
- Is a trade secret registered in Taiwan?
- No. Unlike a patent or trademark, a trade secret needs no registration — but it must clear three statutory thresholds: secrecy, economic value, and reasonable protective measures. The documentary evidence of those measures is the foundation of any case.
Have a matter that touches Taiwan?
These notes reflect how we handle the work. If you have a specific matter in Taiwan, we will tell you candidly how it runs under Taiwan practice. Fees are quoted per matter.