The patent between Taiwan and China
| Taiwan | China | ||
| 1 | Who owns the right of a patent |
First-to-file If two or more patent applications are filed for the same invention, only the earliest application can be granted, unless a later-filed application is filed with claiming a priority which priority date is earlier than the filing date of the first-filed application. |
First-to-file Same as left |
| 2 | Term of Patent |
Invention – 20 years from the filing date of the application Utility Model – 10 years from the filing date of the application Design – 12 years from the filing date of application |
Invention – 20 years from the filing date of the application Utility Model – 10 years from the filing date of the application Design – 10 years from the filing date of application |
| 3 | One creation applied for invention patent and utility model patent |
Yes
|
Yes
|
| The same regulation | The applicant filing an invention and a utility model should be the same person. | Same as left | |
|
The same regulation
|
The invention and utility model filed on the same date should make respective declarations in both applications. |
Same as left
|
|
| The same regulation |
Before the regulation amended on 13 June 2013, if the invention patent application is selected, the utility model patent right will be non-existent from the beginning. After 13 June 2013, if the invention patent application is selected, the utility model patent right will extinguish on the publication date of the invention patent. Then this patent has continuous protection. |
If the invention patent application is selected, the utility model patent right will extinguish on the publication date of the invention patent. This patent has continuous protection. | |
| 4 | Mutual recognition of patent priority claims |
On June 29 2010 Taiwan’s Straits Exchange Foundation and China’s Association for Relations across the Taiwan Straits signed the Cross-Strait IP Rights Protection Cooperation Agreement, which took effect on September 12 2010. On November 22 2010, Taiwan began to accept priority claims from China and China began to accept priority claims from Taiwan. The claimed priority date cannot be earlier than September 12 2010 (ie, the date on which the IP agreement took effect). |
Same as left |