SELECT content FROM law_ref_lang_word WHERE word_id=89 AND lang_id=3 FirstLaw 第一國際法律事務所
【Intellectual Property Rights】
  • Types of Patent and its validity there of                                                                     

          ◎  Invention patent refers to a high-level creation of technical concept/s by which
                natural rules are utilized, and it is valid for twenty (20) years from the date the
                application is filed.

          ◎  New utility model patent refers to a creation or an improvement, which has been
                made in respect of the form, construction or fitting of an object and it is valid for
                ten (10) years from the date the application is filed.

          ◎  New design patent refers to a creation made in respect of the shape, pattern,
                color, or their combination of an article and through appealing to eyes, and it is
                valid for twelve (12) years from the date the application is filed.

  • Documentation Required for Application                                                                    

                    Documents required for registration are: patent application, specification, drawing
                    (if necessary), and Patent Authority. The filing date of the patent application shall be
                    the day which the documents are fully submitted.

  • Priority Right                                                                                                                 

                    An application that is made in another country which is recognized by Taiwanese
                    Government and was registered in pursuance to the domestic legislation of that
                    country may claim propriety right in Taiwan within twelve months based on and after
                    the first registration of the patent in another country.

  • Prerequisites for Invention Patent, New Utility Model Patent & New Design         

                    Patent application may be obtained if the application is not subjected to any of the
                    following conditions:

                    ◎  before the application, the invention has been published in relevant publication
                          or has been publicly announced;

                    ◎  before the application, the invention has been made known to public or the tech-
                          nical skill may be easily completed;

                    ◎  biological study on plants, animals or re-production of plants and animals;

                    ◎  illness/disease diagnose, treatment and/or surgery method which affect human
                          bodies or animals;

                    ◎  any invention that is against public decency, order, good custom or Department
                          of Sanitation;

                    ◎  the design is solely dedicated to the function of the product style;

                    ◎  purely fine art creations or handcrafts;

                    ◎  layout of integrated circuits and/or electronic circuits;

                    Any product that is same/similar to national flag, national party flag, and portrait of
                    the founder of Taiwan, national emblem, military flags, and official seal or any govern-
                    mental medal.

  • Flow Chart of Invention Patent Application and Review                                       

  • Flow Chart of New Utility ModelPatent Application and Review                         
              
  •  Flow Chart of New Design Patent Application and Review                                  

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