Taiwan has its own independent intellectual property system. The Intellectual Property Office (IPO) under the Ministry of Economic Affairs of the Executive Yuan oversees trademark matters in Taiwan, and the official language is Chinese.
Taiwan is not a member of the Madrid System, so trademark registration must be applied for separately. Taiwan's trademark registration operates on a "first-to-file" principle, although under certain circumstances, trademark rights can be claimed based on "prior use." Exclusive trademark rights must be obtained through registration.
Taiwan maintains an independent and well-established patent protection framework. The examination process is transparent and efficient, with Patent Prosecution Highway (PPH) programs and expedited review for environmentally-friendly 'green patents'. Although Taiwan is not a PCT member, it has established PPH agreements with the USPTO, JPO, EPO and others, enabling meaningful participation in international patent cooperation.
Taiwan adopts the Nice Classification for goods and services descriptions, but the region also has its own classification groups and goods. Multi-class applications are accepted in Taiwan. Elements that can be registered as trademarks include: words, graphics, symbols, color combinations, three-dimensional shapes, dynamic marks, holograms, and sounds. If the applicant is not a resident of Taiwan, they must appoint a local agent to handle the application.
Taiwan follows the International Nice Classification system. Trademark registration is filed based on goods/services categories (Classes 1–34 are goods, and Classes 35–45 are services).
Taiwan's Trademark Act introduced the priority system in 1993. However, since Taiwan is not a member of the Paris Convention, the convention cannot be directly applied. Nonetheless, Taiwan is a member of the World Trade Organization (WTO) under its designation as a separate customs territory, and therefore complies with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 2 of Part I of the TRIPS Agreement states: "Members shall comply with Articles 1 through 12 and Article 19 of the Paris Convention." Additionally, Taiwan has signed bilateral or multilateral agreements with certain countries to recognize priority rights.
The trademark priority system allows applicants to backdate their filing date by up to six months, effectively reducing the risk of cross-border trademark hijacking and blocking subsequent similar trademark applications. Trademark applicants should make full use of the priority system.
Trademark applications undergo both formal examination and substantive examination. The formal examination checks the completeness and accuracy of application documents, while the substantive examination assesses the distinctiveness of the trademark, whether it violates any prohibitions, and whether it conflicts with prior trademarks. Once the examination is passed, the trademark will be approved, and a certificate will be issued along with a public announcement.
Upon approval, the trademark will be published for a three-month opposition period. During this time, any third party may file an opposition. If the opposition is upheld, the trademark application will be rejected. If no opposition is filed or if the opposition is dismissed, the trademark will be registered, and a registration certificate will be issued.
The protection period for a registered trademark is 10 years from the date of registration and can be renewed indefinitely (each renewal lasts 10 years). Renewals must be filed within six months before the expiration date. A six-month grace period is available for late renewals (subject to additional fees). If the trademark is not renewed during the grace period, it cannot be reinstated.
Mature legal system with a specialized Intellectual Property Court experienced in patent infringement and invalidation cases.
Efficient examination with fast-track mechanisms, including PPH and Green Patent programs.
Broad technical coverage across semiconductors, telecommunications, biotech, AI, and other cutting-edge sectors, with examination practice aligned with international standards.
Strategic enforcement pathways supporting cross-strait and international protection through customs, litigation, and multi-jurisdiction coordination.
Prevent unauthorized exploitation: without local patents, competitors can freely operate identical technology in Taiwan.
Protect critical supply chain points: Taiwan is a global hub for semiconductors, electronics manufacturing, and precision machinery.
Enhance negotiation leverage: patents strengthen positions in patent pooling, licensing, litigation, and cross-licensing deals.
Ensure Freedom to Operate: for products manufactured or sold in Taiwan, early patent planning mitigates infringement risk.
Boost corporate valuation and investment readiness: patents serve as intangible assets in mergers, financing, and IPOs.
Businesses should place strong emphasis on patent strategy in Taiwan - filing early, claiming priority wherever possible, and balancing core technology with defensive patents. Taiwan offers a mature, efficient, and predictable IP environment that can significantly reinforce competitive positions in this global technology powerhouse.
Taiwan's patent system covers three types: Invention, Utility Model, and Design. The IPC is applied to inventions and utility models; the Locarno Classification (LOC) is applied to designs. Multiple technical solutions may be filed in a single application subject to unity of invention requirements. Eligible subject matter includes methods, products, compositions, machinery, devices, microorganisms, plant varieties (under specific conditions), and technically-oriented computer programs. Non-resident applicants must appoint a registered patent agent or patent attorney in Taiwan.
Taiwan introduced the priority right system in 1994. As a WTO member (Special Customs Territory), Taiwan complies with relevant Paris Convention provisions through the TRIPS Agreement, and has established bilateral priority recognition agreements with selected jurisdictions. Under Patent Law Article 28: priority may be claimed for invention/utility model applications within 12 months, and for design applications within 6 months, of the first filing in a priority-recognition country/WTO member. Non-WTO nationals domiciled or operating in a reciprocating country/WTO member may also claim priority. Priority documents must be submitted within 16 months of the earliest priority date. Multiple priorities are allowed, each applying to its corresponding technical solution.
Invention Patents
Formal examination plus substantive examination assessing novelty, inventive step (obviousness), industrial applicability, and exclusion from non-patentable subjects. Applicants must request substantive examination within 3 years of filing, failing which the application is deemed withdrawn. Upon completion, the patent is granted and published; rights take effect from the publication date.
Utility Model Patents
Formal examination only; no substantive examination, resulting in faster registration but lower enforceability. Important note: Under Patent Law Article 115, a patentee must obtain a Utility Model Technical Evaluation Report (issued by TIPO following a prior art search) before issuing infringement warnings or demanding cessation of infringing acts.
Industrial Design Patents
Substantive examination of novelty and originality. Upon completion, the design is granted and published; rights take effect from the publication date.
Taiwan has replaced the formal opposition procedure with the post-grant petition for revocation (invalidation) system. Any interested party may request revocation of a granted patent if it fails to meet legal requirements. This applies to inventions, utility models, and designs. Utility models are more frequently challenged due to the absence of substantive examination.
Invention: 20 years from filing date. Utility Model: 10 years from filing date. Design: 15 years from filing date. Annual fees are payable from the grant publication date. Late payment is allowed within a 6-month grace period with surcharges. Failure to pay within the grace period results in termination of rights. (Note: Reinstatement may be possible under Patent Law Article 70 for delays caused by unforeseeable events such as natural disasters.)
