Patent Q&A

Is it necessary to file a patent application in ROC for the same creation which has been applied for a patent in another country?

Though a patent application for the same creation has been filed in another country, a patent application still should be filed in ROC for obtaining patent protection in ROC. However, if the same creation has been already made public by the competent authority (e.g., Patent Office) of a country, it is not patentable in ROC due to lack of novelty.