Utility models under the new Patent Act
Utility model patents, along with invention and design patents, are three kinds of patent rights protected under the Taiwan Patent Act.
Since the soon-to-be enacted new act involves an overhaul of the stipulations related to utility models, various aspects of utility model protection in Taiwan are explored in the following questions and answers.
What kinds of inventions are protectable by a utility model?
A utility model refers to a creation of technical ideas that is related to the shape or structure of an article, or to the combination of articles that possesses a new purpose or improved efficacy, in which the creation or combination is realised by using the laws of nature.
A utility model cannot protect a creation that is not directed to the shape or structure of an article, or a combination of articles. For example, a process or a composition patent can only be protected as an invention, rather than a utility model.
Is substantive examination conducted before the application is allowed?
Only a formality examination will be conducted for a utility model patent application. However, a utility model patent application may be rejected for any of the following reasons:
