Taiwan: intellectual property rights arrangements - International aspects

Taiwan is not a Patents Cooperation Treaty (PCT) contracting state and cannot be designated in any PCT application.  Taiwanese nationals and residents may be co-applicants on PCT applications provided that at least one applicant has nationality or residence in a PCT Contracting State.  Neither nationals nor residents of Taiwan may file PCT applications if they are the sole nationality/resident present.

Since Taiwan became members of the World Trade Organisation (WTO) (1 Jan 2002) you may claim priority in European and PCT applications based on national applications filed in Taiwan. In any such application designating the United Kingdom (UK), the priority declaration will be recognised when the application enters the UK national phase.

From 1 September 2002 the Japanese Patent Office has accepted priority claims based on national applications filed in Taiwan.

The European Patent Convention (EPC) revision 2000 must take effect no later than 13 December 2007.  From that time any filing through the EPC regional route of a PCT application will recognise priority based on a Taiwanese national filing.

The Taiwan Ministry of Economic Affairs made an announcement on 27 November 2002.  From that date Taiwan will accept a priority claim based on an application under the PCT or EPC filed with any designated country that is a WTO member.  The applicant must be a national of a WTO member state where the application is deemed to be an eligible national application according to the domestic laws of the designated country.