Utility Model (TW)

Dual Filing

　The procedures for applying for a new type of patent are mainly in the order of application, procedural examination, early disclosure, physical examination, and publication. The term of the invention patent expires 20 years from the date of application.

1. Application

　Necessary documents for applying for a new type of patent:

　For a new type of patent application, the date of filing shall be the date when the application form, the specification, the scope of the patent application and the drawings are complete.

The Example of Drawings

Note:
According to the Patent Act, a patent is granted only for an invention that is new, involves an inventive step, and is industrially applicable. An invention must meet the following requirements:
(1) It is not known to the public in any form.
(2) It is not obvious to a person skilled in the art.
(3) It can be manufactured or used industrially.
(4) It is not excluded from patentability.

2. Procedural Review

Whether the types of applications are in the form prescribed by the Intellectual Property Office.
Whether the various applications, descriptions and drawings comply with the provisions of the Patent Law.
Whether the documents are complete and comply with the legal effect.
Determination of the filing date.
whether the creator and the applicant are in compliance with the requirements.
Qualifications and Authority of the Agent.
Whether or not to pay the fees.
The period for amendment of the relevant documents can be extended for a maximum period of 6 months.

3. Formal review

Whether it is the shape, structure or combination of articles.
Whether there is a person who is harmful to public order and morals.
Whether it is non-singular.
Whether the necessary matters are not disclosed in the specification, the scope of the patent application, or the schema, or the disclosure is obviously unclear.
Whether the amendment clearly exceeds the scope disclosed in the specification, patent application or schema at the time of application.

4. Announcements

The certificate fee and the annual patent fee for the first year shall be paid within three months from the date of delivery of the approval and approval letter, and the announcement shall be made.
The patent right for the model shall be granted from the date of publication.

5. New patent technology report

After the application for a patent is announced, any person may apply to the patent authority for a technical report on the patent patent.
If there is a non-patentee for commercial implementation and the relevant supporting documents are attached, the patent authority shall complete the technical report of the new patent within six months.
The contents of the examination are novelty, progressiveness, and first-to-file doctrine.
When the patent right of the patentee of a model model is revoked, it shall be liable for the damage caused by the exercise of the patent right before the revocation. However, this limitation does not apply if it is based on the content of the technical report of the new model patent and due diligence has been taken.