FAQs

Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the expected purpose(s). The invention must be of "technical character" to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

An invention patent shall not be granted in respect of any of the following:
(1) animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
(2) diagnostic, therapeutic or surgical methods for the treatment of humans or animals;
(3) Inventions contrary to public order or morality.

When an invention patent application is filed at TIPO, the invention is initially kept secret. However, the invention will be published after 18 months from the filing date or the earliest priority date, even if the examination is not yet concluded. The applicant may also request it to be published earlier. The applicant may also withdraw the application within 15 months after the filing date or the earliest priority date so that details of the invention will not become available to the public.

An invention patent application will not be examined unless a “Request for Substantive Examination” has been received by TIPO. If a “Request for Substantive Examination” is not submitted within three years of the filing date of the invention patent application, the invention patent application is deemed to have been withdrawn.

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC after the date on which the notification is served. You should respond by submitting a written argument or a written amendment, depending on the situation. Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC.
If you don’t respond before the deadline, TIPO will make the decision of refusal.

If an invention patent applicant is dissatisfied with a decision of refusal, he/she may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.