Taiwan: intellectual property rights arrangements in Europe

The recognition of priority rights from a first filing in Taiwan is impossible because Taiwan is not a member of the Paris Union (Article 87(1) EPC ). Moreover, since Taiwan joined the World Trade Organisation (WTO) as a "Separate Customs Territory", the European Patent Office does not presently recognise Taiwan as a "state".

This is for the purposes of arranging mutual recognition of priority rights under Article 87(5) EPC. Applications for European patents are, therefore, not possible using the European Patent Convention (EPC) route. As most European Patent Convention contracting states are members of the WTO, it should be possible to obtain protection in Europe via the national route. It is advisable to check with national patent offices individually.

The November 2000 revised EPC will allow priority from a Taiwanese first filing in an EPC application;

• when it takes effect on 13 December 2007 or,
• if earlier, three months after the final state has ratified or acceded.