For overseas applicants
Filing in Taiwan
Direct filing routes, priority windows and examination milestones for patents and trademarks.
Plan a separate Taiwan filing
Patents: no PCT national phase
Taiwan is not a PCT contracting state. A PCT application cannot designate Taiwan or enter a Taiwan national phase. File a separate application with the Taiwan Intellectual Property Office (TIPO).
Do not wait for a 30- or 31-month PCT deadline to consider Taiwan. An earlier filing may support priority, but the Taiwan deadline must be assessed separately.
Trademarks: no Madrid designation
Taiwan is outside the Madrid System. An international trademark registration does not extend protection to Taiwan; a direct TIPO application is needed.
Identify the mark, relevant goods and services, applicant and any earlier application before preparing the Taiwan filing.
Check the priority window first
Invention & utility model
12 monthsFile in Taiwan within 12 months of the relevant first filing to claim foreign priority.
Design patents
6 monthsFile in Taiwan within six months of the relevant first design application.
Trademarks
6 monthsFile the same mark for the same or a narrower scope of goods and services within six months of the first application.
Priority depends on applicant eligibility, the first filing, ownership and the subject matter disclosed. Taiwan recognizes priority under WTO membership or reciprocal arrangements; it is not necessary to use a PCT or Madrid route.
Provide the first filing date, country or office, application number and priority documents at the outset. Priority must be claimed in the Taiwan application. Patent priority documents are generally due within 16 months of the earliest priority date (invention / utility model), or 10 months (design). Trademark priority documents are due within three months following the Taiwan filing.
Choose the patent route that fits the subject matter
| Patent type | Examination route | Timing reference |
|---|---|---|
| Invention | Substantive examination must be requested within three years of the Taiwan filing date. Examination considers patentability, including novelty and inventive step. | First action: 8.0 months Examination disposal: 13.8 months |
| Utility model | TIPO automatically conducts formality examination; there is no substantive examination before grant. Grant does not confirm novelty or inventive step. A technical evaluation report is relevant when considering enforcement. | Examination disposal: 2.0 months |
| Design | Substantive examination addresses the design and its patentability. There is no separate examination request comparable to an invention application. | First action: 4.7 months Examination disposal: 5.7 months |
These are office-wide historical averages, not guaranteed filing-to-grant periods. The invention figures relate to cases entering examination; delaying the examination request changes the overall timeline. Examination disposal can include outcomes other than allowance, and grant formalities and fees follow allowance.
Office actions, amendments, translations and the complexity of the case can change timing. Where available, accelerated examination or a Patent Prosecution Highway request can be assessed separately.
From trademark application to registration
Prepare & file
Review the mark and proposed goods and services, consider clearance searching, and file directly with TIPO. Claim any eligible priority at filing.
Examination & response
TIPO checks formal requirements, distinctiveness and conflicting rights. Respond to any objections or requests within the notified deadline.
Register & monitor
After allowance, pay the registration fee within two months of receiving the allowance decision. Registration is then published; third parties have three months from publication to oppose.
Timing reference: TIPO reported a 2025 average of 5.6 months to first action and 7.1 months to examination disposal. Registration, fee payment and any opposition are separate stages. A clear application may proceed sooner than a contested one; these averages do not promise a registration date.
What to send for an initial assessment
For a patent filing
- Applicant and inventor / designer details
- Specification, claims and drawings, or design views
- Earlier applications and all relevant filing dates
- Disclosure history and any approaching publication or launch
For a trademark filing
- Applicant name, address and nationality
- A clear representation of the mark
- Goods and services to be covered in Taiwan
- Priority filing details and intended timing
Applicants without a domicile or business establishment in Taiwan must appoint a local agent. We can clarify the required authorization and supporting documents. Chinese filing requirements should be planned early; qualifying patent documents in an accepted foreign language may secure a filing date if a Chinese translation is supplied within TIPO’s prescribed period.
Discuss a Taiwan filing →Updates
Taiwan–US electronic exchange of patent priority documents
TIPO issued guidelines on the electronic exchange of patent priority documents between Taiwan and the United States, effective 4 September 2026. They set out how TIPO handles priority documents when it acts as the first or second office, and what happens when a correct electronic copy cannot be obtained. If your application claims US priority, confirm early how the priority document will be obtained.
Source: TIPO announcement (Chinese; summarized by Grandwin, no official English version found).
Trademark search adds goods and services name suggestions
TIPO’s trademark search system now suggests goods and services names before filing, with up to 20 results per query, classed as “announced”, “reference” or “not allowed”. TIPO notes the tool is only an aid: choose names according to the goods and services you actually use.
Source: TIPO press release (Chinese; summarized by Grandwin, no official English version found).
2025 filing overview: trademark applications reach a record
TIPO reported 97,411 trademark applications in 2025, a record high, and 51,230 invention patent applications. Foreign applicants filed 31,719 invention applications, led by Japan, then the United States, mainland China, South Korea and Germany. Average time to first action was about 8.0 months for inventions and 5.6 months for trademarks; this is not the total time to registration.
Source: TIPO press release (Chinese; summarized by Grandwin, no official English version found).
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