A patent is an intellectual property right which is examined and granted by the competent authority (e.g., Patent Office) to an inventor, a utility model creator, or a designer “to exclude others from exploiting the creation without the patentee’s consent” for a limited time period in exchange for public disclosure
Invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the expected purpose(s). The invention must be of “technical character” to the extent that the problem must be solved by technical means in the relevant technical field. Mere discovery,
A utility model is a creation of technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Manufacturing method, processing method, using method, chemical substance or compound without concrete shape or structure does not meet the
A design means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an
An inventor, a utility model creator, a designer, or the assignee or successor thereof has the right to apply for a patent. However, if the creation is made by an employee in the course of performing his/her duties, only his/her employer (such as a company) may apply for a patent.
An invention patent is granted for a term which begins with the publication date of the grant and ends 20 years from the filing date of the patent application. A utility model patent is granted for a term which begins with the publication date of the grant and ends 10
Is it necessary to file a patent application in ROC for the same creation which has been applied for a patent in another country?
Though a patent application for the same creation has been filed in another country, a patent application still should be filed in ROC for obtaining patent protection in ROC. However, if the same creation has been already made public by the competent authority (e.g., Patent Office) of a country, it
A grace period is a period of time before the date of filing a patent application during which certain kinds of disclosure of the creation would be excluded when determining the novelty and inventive step of the creation. The duration is 12 months for invention or utility model, and 6