Design Application

Applicant

Author or assignee; individual or a corporation; two or more parties can apply jointly.

 

Term

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

 

Priority

Applicant who has filed his first patent application in a World Trade Organization (WTO) member may claim priority for his Taiwan application within six (6) months after filing in the (WTO) member state.

 

Examination Procedures

l Substantive examination: A substantive examination is automatic and its scope includes formalities, absolute novelty, creativeness and unity of design.

l Time frame: Normally, Taiwan Intellectual Property Office (TIPO) renders a decision within 8 to 12 months after it receives all supporting documents.

 

Associated Design Patent

l If a person makes a creation that originates from and is similar to their original design (parent design), they should file for an “associated design” patent application.

l An associated design can be filed by the same person while the parent design application is pending (including on the date of filing) or while the original design patent is still valid.

l An associated design right shall not be asserted independent of its parent design, nor shall its effect be extended to the scope of similarity. If the original design (parent design) is revoked or extinguished, the associated design shall also be revoked or extinguished at the same time.

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