TAIWAN

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Patent Term
20 years from date of filing

Pharmaceutical Patent Extension?
Yes. Article 51 of the amended Taiwan Patent Law
An extension of term may be applied for patents filed on or after 23 January 1994, related to a pharmaceutical or agrochemical composition or the manufacturing method thereof, if it is subject to regulatory approval, and where it takes more than 2 years after publication of the patent application to obtain such approval. The patent owner may then apply for an extension of 2 to 5 years. Only one extension per patent is possible, with the maximum term being 5 years.

The application must be submitted within 3 months of issuance of the first certificate of approval and shall not be filed within 6 months prior to the expiry date of the patent term.

NB. Article 51 does not apply to pharmaceutical or agrochemical related inventions filed before 23 January 1994.

Bolar Provision
Unknown.

References
http://www.derwent.patentguides/gpe/tw_feb.htm
http://www.saint-island.com.tw/pa-law/new/patentlaw.htm
http://www.taie.com.tw/692.htm

Prepared for IP Organisers by Dr Grace Chan, Phillips Ormonde & Fitzpatrick - October 2002.