Patent Law FAQ

Taiwan’s unique political status has implications for patent priority claims in US applications. According to MPEP 213.01:

‘Applicants from Taiwan may claim priority under 35 U.S.C. 119(a)-(d) to applications filed in Taiwan which are filed by or on behalf of the governing authority on Taiwan.’

This special provision allows Taiwanese applicants to claim priority despite Taiwan not being officially recognized as a sovereign state by the United States. The MPEP further clarifies:

Applications from Taiwan must meet the following criteria to be eligible for priority claims:

• The application must be filed by or on behalf of the governing authority on Taiwan
• The priority claim must be made in accordance with the standard procedures outlined in 35 U.S.C. 119(a)-(d)

This arrangement ensures that inventors and companies in Taiwan can participate in the international patent system and maintain priority rights for their inventions when seeking protection in the United States.