專利 Patent
Invention | Creation using technical ideas of natural laws (PAT Law §21)； The term of the invention patent right expires 20 years from the filing date (PAT Law §52). |
Utility model | Use the technical idea of natural law to create the shape, structure or combination of articles (PAT Law §104) The term of the Utility model expires 10 years from the filing date (§114). |
Design | The shape, pattern, color, or combination of all or part of the article is sought through visual appeal. creation (PAT Law § 121). The term of design patent right expires 15 years from the date of application (PAT Law §135). |
Invention | If the creation to be protected is functional, an invention or utility model patent application should be filed. However, the invention is more extensive, including methods, articles (with a certain spatial pattern), matter (without a certain spatial pattern), biological materials, and their use. |
Utility model | Utility model only applies to items or devices with a certain space type. |
Design | The creation to be protected is a creation that uses a shape, a pattern, a color, or a combination to achieve a certain visual appeal, and a design patent application should be filed. |
Invention | If the applicant submits an application for substantive examination at the same time as the application for an invention patent, the applicant can receive the first examination opinion notice as soon as about 9 months after the application date. The time for the conclusion of an invention case should be at least 14 ~ 20 Months. |
Utility model | If the documents submitted in the Utility model patent application are formally examined, they will not hinder public order and good customs and are not inconsistent with the utility model, definition, unity, or disclosure methods; generally it is expected to be rendered an approval within three months after filing. |
Design | The design patent examination time is about 7 ~ 9 months. |
(1) Invention patents,
(i) The application date shall be the date on which the application, specification, patent scope, and necessary drawings are available.
(ii)The specification, scope of patent application and necessary drawings are not submitted in Chinese when the application is filed, but in a foreign language, those who have proposed this and amended the Chinese version within the period specified by the patent agency, and who have submitted a foreign version, and the date is the application date.
(iii) If the Chinese text is not corrected within the period specified in the preceding paragraph, the application will not be accepted. But make up before disposal, the date of application is treated as the application date, and the foreign text is deemed not to have been submitted.
(2) Utility model:
(i) The application date shall be the date on which the application, specification, patent scope, and drawings are complete.
(ii) The description, scope of patent application, and drawings were not submitted in Chinese at the time of application, but in other languages. If the Chinese version is corrected within the period specified by the patent agency, the date of foreign filing copy is the application day.
(iii) If the Chinese text is not corrected within the period specified in the preceding paragraph, the application will not be accepted. But make up before disposal, the date of application is the application date, and the foreign text is deemed not to have been submitted.
(3) Design patents,
(i) The application date shall be the date on which the application, instructions and drawings are available.
(ii) The description and drawings were not submitted in Chinese when the application was filed, but not in other languages, and were patented.
If the Chinese version is revised within the period specified by the agency, the date on which the foreign version is filed is the application date.
(iii) If the Chinese text is not corrected within the period specified in the preceding paragraph, the application will not be accepted. But make up before disposal. the date of application is the application date, and the foreign text is deemed not to have been submitted.
Invention | Application, Application fee, Abstract, Specification, Scope of patent application,One necessary drawing each and relevant certification documents. |
Utility model | Application, Application fee, Abstract, Specification, Scope of patent application and One drawing each off supporting documents. |
Design | Application, Application fee, Specification and one drawing and related certification documents. |
Remarks: Application fees and power of attorney can be resubmitted within four months after application.
If the patentee is a foreigner having no domicile or business office within the territory of the Republic of China, a Power of Attorney has to be submitted regardless of what types of patent applications and may be submitted within 4 months to the Intellectual Property Office after the patent application is filed. In addition, if the application has an international priority claim, the priority certificate shall be submitted within 16 months counting from the earliest priority date.
According to the provisions of Article 32 of the Patent Law, an applicant filing a patent application for invention and a patent application for utility model for the same creation on the same date shall make respective declarations in respect of the said applications. If the patent application for utility model has been granted before an approval decision on the patent application for invention is rendered, the Specific Patent Agency shall notify the applicant to make a selection within a specified time period. The patent application for invention shall not be granted if the applicant fails to make such declarations or selection within the specified time period.
The aforementioned right continuation means that the same creation is subject to the
New utility model patent right protection, and it is protected by the invention patent right from the publication date of the invention patent right, two patent rights the system that does not overlap with each other and continues. The fact that one application and two requests are stated in the application form can make the public know that the creation may still be protected by the invention patent right after the extinction of the new type patent right.
According to the provisions of Article 34, paragraph 2 of the Patent Law, i.e. request for division shall be filed within any of the following time 25 periods: 1. before a reexamination decision on the original patent application is rendered; or 2. within three (3) months after the date on which an approval decision for the original patent application or reexamination is served. The filing date of the divisional patent application shall be the same as the filing date of the original application. Where the priority claim has been made, the applicant may claim priority for the divisional patent application.
After receiving application documents and determining through examination that the application conforms to stipulated formality requirement and contains no elements that may be deemed unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for invention eighteen (18) months since its filing.
If the applicant proposes to withdraw the invention within 15 months after the date of application. In principle, the application will not be published.
