1 February 2012Jurisdiction reportsCandy Chen and Crystal Chen

New act changes rules for partial designs

For design patent protection provided under the Taiwan Patent Act, the design claim should be directed to a tangible object that can be individually put into commercial transaction by ordinary consumers.

Current rules

For design patent protection provided under the Taiwan Patent Act, the design claim should be directed to a tangible object that can be individually put into commercial transaction by ordinary consumers. That is to say, each embodiment should show a complete component that can be individually put into commercial transaction. Partial designs, such as those shown below, claiming a portion highlighting characterised contours are not acceptable under the current patent law.

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