Taiwan Utility Model Patents

A Taiwan Utility Model patent is a legal right granted by the Taiwan Intellectual Property Office on an application which the IP Office has examined and decided the application is patentable. In order to obtain a Taiwan patent, an application has to be filed with the Taiwan Intellectual Property Office.

UTILITY MODEL PATENT

A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Non-physical substances such as manufacturing method, processing method, chemical substance without concrete shape cannot be patented. Utility model patent is comparatively cheaper to obtain and the requirements for registration is less strict than patents.

(Improved transmission structure for pencil leads, Patent Cert. No.: M556673)

HOW LONG DOES IT TAKE TO GET A PATENT?

If the patent is patentable after examinations, the average time it takes to obtain a patent from the Taiwan IP Office is usually about 4 – 6 months for a utility model patent after filing.

HOW DO I APPLY FOR A PATENT?

Applicants from overseas countries must appoint a qualified patent attorney to act on your behalf when applying for a patent in Taiwan. A professional patent attorney should have passed the Taiwan Patent Bar Examination and is experienced in handling patent prosecution and relevant patent matters.

WHAT SHOULD I PREPARE FOR A TAIWAN PATENT APPLICATION?

The official language of the Taiwan IP Office is Traditional Chinese and your application must contain:

Name, nationality and address of the applicant and inventor;
Application Form
Specification – including description, claims, drawings and abstract
Other required documents e.g. Power of Attorney, priority documents, and their Chinese translations if the documents are not in Chinese.

The applicant can file the specification in foreign languages (Arabic, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish) when filing the patent application, then submit the Chinese specification after filing.

The Taiwan IP Office gives the application a filing date and an application number after filing. Taiwan adopts first-to-file system and therefore the applicant should apply for a patent and obtain a filing date as soon as possible.

WHAT ARE THE NEXT STEPS?

Formality Examination

After filing the initial application, the Taiwan IP Office will conduct “Formality Examination” to check if the application can satisfy the formality requirements. Substantive examination is not necessary for a utility model patent application.
Grant

Once the Taiwan IP Office finds that the application is allowable, the applicant shall pay certification fee and the first year annuity. The IP Office then grants and publishes the patent in the Patent Gazette. The patent certificate will also be sent to the applicant.
Maintenance

The term of utility model patent is 10 years. After the patent is granted, the applicant should pay the renewal fees annually in order to keep the patent alive.
(Optional) Technical Evaluation Report of the Utility Model Patent

After a patent application for utility model is published, anyone can request for a “Technical Evaluation Report of the Utility Model Patent”. The report is mostly used when the applicant/patent holder wishes to enforce the utility model patent right, or when the utility model patent is commercially exploited by another party. The Taiwan Patent Act stipulates that the patent holder must present the report when warning the other party.

HOW WE CAN HELP

Our patent team can handle all aspects of obtaining and protecting a patent, from drafting the patent specification and responding to the Office Actions, to handling appeals and litigations before the Taiwan IP Office and the courts. With the extensive experiences of our patent attorneys, we are capable to give you the most secure protection on your patents and intellectual property rights. Contact us if you wish to find out more about IP protection.