Utility Model Application

 

Applicant

Inventor or assignee; individual(s), corporation or legal entity.

 

Term

10 years from filing date subject to payment of annuity. If the annuities are not paid when due, the patent will lapse and third parties may use the utility model without fear of infringement liability.

 

Examination procedures

Formality examination: Formality examination is automatic and patent is granted without the need of a substantive examination.

Time frame: Normally, Taiwan Intellectual Property Office (TIPO) renders a decision within 6 to 10 months after it receives all supporting documents.

 

Technical Evaluation Report

After a utility model is published, any person may apply to TIPO to obtain a technical evaluation report pertaining to the proposed utility model.

When exercising right, patentee shall present the technical evaluation report.

The aforementioned Technical Evaluation Report does not have legal binding effect, and is also not an administrative order.

 

A Flowchart on Utility Model Patent Examination and Administrative Remedy

 

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