Although the term of protection of an invention patent is 20 years, which is longer than that of a new type patent, which is 10 years, the time of approval is 12 to 18 months on average after the filing of a request for physical examination, which is much longer than that of a new type patent which requires only a formal examination and can be granted in 3 to 6 months. However, if you only apply for a new type patent, although you can quickly obtain the protection of your rights, the degree of protection is relatively low and the exclusivity effect is relatively weak. Therefore, one case with two applications that can carry out the succession of rights becomes the best choice to take into account the life cycle of the product, promotion and marketing, and the protection of your rights. Therefore, the ability to file two petitions in one case is the best choice for product life cycle, marketing and rights protection. 
As can be seen from the above chart, the approval of a new type patent is faster, and the creation can be protected by the new type patent right after the publication of the new type patent. Due to the exclusivity of patents, based on the principle that a creation cannot be granted two patents repeatedly, the Office of the Taiwan Intellectual Property Office (TIPO) will notify the applicant to choose between retaining the new type patent or obtaining the patent for the invention before the approval of the patent for the invention, and if the applicant chooses to obtain the patent for the invention, the original new type patent will be extinguished from the publication date of the patent for the invention. If the applicant chooses to obtain a patent for the invention, the original patent for the new type of invention will be extinguished from the date of publication of the patent for the invention, and the corresponding creation will be protected by a patent for the invention, without affecting the applicant's rights.
3. Advantages of dual filing
(1) Taking into account the speed of the new patent and the wide range of invention patents, it is possible to obtain the protection of the new model patent in a relatively short period of time, and then convert it into an invention patent with a longer protection period.
(2) Compared with a person who only applies for an invention patent, the patentee can set up a pledge and authorize others earlier, and there is further protection for both the pledgee and the licensee because of the right succession system.
(3) Before the approval of the invention patent, if the market situation is not ideal, the applicant can also choose to give up the patent for invention and still retain the patent right of the new model, so that the cost control is flexible.
4. Restrictions of dual filing
(1) The cost is more expensive. Since it is necessary to apply for both the invention and the model patent, and the patent drafting method for the invention and the model model is different, the fees and government fees for the two applications in one case are higher than those for the invention or model patent alone.
(2) Article 32 of the Patent Law stipulates that two applications for invention and model must be filed separately by "the same person", "on the same date" and "for the same creation", and that the applications must be "separately declared".
A. "Same person" means that the invention and the applicant for the utility model at the time of the patent application must be identical; Similarly, the time points of the notification deadline, the approval of invention patents, and the announcement of invention patents must be exactly the same as those of the invention patent applicant and the model patentee. Similarly, if an assignment is required before the approval of an invention patent, the invention and utility model patent need to be assigned together.
B. "Same date" includes the filing date and the priority date, and if the applicant wants to claim priority, the priority date of the invention and the model must be the same.
C. The same creation means that at least one of the patent applications for inventions and new models must be the same.
D. "Separate declaration" means that for invention and model applications applied separately, it is necessary to declare two applications for one case at the time of application, and if there is no declaration at the time of application, no additional declaration shall be made, and the invention application will be rejected by the Intellectual Property Bureau.
E. If the utility model patent has been extinguished or revoked before the approval of the invention patent, it means that the subject matter protected by the utility model patent has become public property, and there is no reason to grant public wealth to private individuals, nor can it meet the conditions for the utility model patent to be extinguished at the same time from the date of publication of the invention.
