State Intellectual Property Office, Several Provisions Concerning the Filing of Patents by Taiwanese Compatriots

Promulgated: November 15 2010
Effective: November 22 2010

Main contents: Where an applicant from Taiwan, within 12 months from the date of first filing of an application for an invention patent or utility model patent or within six months from the date of first filing of an application for a design patent with the authority in charge of patents in Taiwan, submits to the State Intellectual Property Office a patent application in respect of the same subject matter, it may claim a right of priority for its prior application in Taiwan (Taiwan Right of Priority). Where an applicant claims such right of priority, the date of its prior application shall be on or after September 12 2010 (Article 2). An applicant may claim one or multiple Taiwan Rights of Priority in an application. If it claims multiple Taiwan Rights of Priority, the time limit of the Taiwan Right of Priority of such application shall count from the filing date of its earliest prior application (Article 3).

Repealed legislation: Provisions on Accepting Patent Filings by Taiwanese Compatriots, Mar 29 1993; and Measures for Handling Several Issues in the Procedures for Patent Filing by Taiwanese Compatriots, Apr 23 1993