Utility Models

Definition: utility model means the creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature. A method or process of manufacturing is not patentable as a utility model.

Legal basis, membership, filing (including priority rights), granting, protection and modification of protection after granting are the same as those for “Patents of Invention” with the following exceptions:

Unpatentable utility models: if it is detrimental to public order or good morals.

Publication of application: not provided for. 

Request for substantive examination: not provided for.

Examination by the Intellectual Property Office (the IPO): utility model applications are subject to “non-substantive examination”, and will be granted patents if all formal requirements have been met. After a patent is granted to a utility model and published, any person may file a request with the IPO for a Technical Evaluation Report of the utility model patent. The IPO shall publish said request in the Patent Gazette. When exercising a utility model patent, the patentee shall not make a warning without presenting the Technical Evaluation Report.

Amendment of application: an amendment may not introduce any new matter that was not substantially described in the claims, description and the drawings initially filed at the time of filing the application.

Division: is allowed if a utility model application includes two or more creations; it can be divided into one or more divisional applications. The divisional application will enjoy the original filing date if such division is made prior to the rendering of the rejection decision on the original utility model application or within three months after receiving an allowance decision.

Conversion: an application of utility model may be converted into one for invention or design, within thirty days upon receipt of the rejection decision of examination, and retain its original filing date. 

Duration of protection: ten years from the filing date.

Extension: not provided for. 

Annuities: from 1st to 3rd, NT$ 2,500 per year; from 4th to 6th, NT$ 4,000 per year; from 7th to 10th, NT$ 8,000 per year; issue fee: NT$ 1,000, and the first year annuity is due within three months upon receipt of the allowance decision; subsequent annuities are due on the day before the anniversary of publication date each year, with a grace period of six months provided a fine is paid.

Working: not provided for.

Invalidation of utility models: utility models may be invalidated on the following main grounds: (1) that the utility model lacks industrial utility, novelty, and non-obviousness; (2) there is insufficiency of disclosure in the written description (lack of enablement); (3) the claims are not supported by the description and drawings; (4) the pre-amendments exceeded the scope of specification, claims or drawings originally filed; (5) the patent application right was jointly owned, but the application was not filed by all joint owners; (6) the patent was granted to someone not entitled to file for the patent; and (7) the home country of the patentee does not accept patent applications filed by Taiwan nationals.