Patent Q&A – 聯誠國際智慧財產權事務所

What is a patent?

licai — Mon, 10 Aug 2020 08:15:09 +0000

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 of the creation when the patent is granted.

這篇文章 What is a patent? 最早出現於聯誠國際智慧財產權事務所。

How many types of patents exist in ROC?

licai — Mon, 10 Aug 2020 08:14:30 +0000

There are three types of patents, including invention, utility model, and design patent.

這篇文章 How many types of patents exist in ROC? 最早出現於聯誠國際智慧財產權事務所。

What is an invention?

licai_backstage — Mon, 10 Aug 2020 08:13:23 +0000

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, scientific theories, presentation of information and aesthetic creations do not meet the definition of invention.

這篇文章 What is an invention? 最早出現於聯誠國際智慧財產權事務所。

What is a utility model patent?

licai_backstage — Mon, 10 Aug 2020 08:12:49 +0000

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 definition of utility model.

這篇文章 What is a utility model patent? 最早出現於聯誠國際智慧財產權事務所。

What is a design?

licai_backstage — Mon, 10 Aug 2020 08:11:02 +0000

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 article.

這篇文章 What is a design? 最早出現於聯誠國際智慧財產權事務所。

Who may apply for a patent?

licai_backstage — Mon, 10 Aug 2020 08:10:19 +0000

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.

這篇文章 Who may apply for a patent? 最早出現於聯誠國際智慧財產權事務所。

How long does patent protection last?

licai_backstage — Mon, 10 Aug 2020 08:09:37 +0000

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 years from the filing date of the patent application.

A design patent is granted for a term which begins with the publication date of the grant and ends 15 years from the filing date of the patent application.

這篇文章 How long does patent protection last? 最早出現於聯誠國際智慧財產權事務所。

Is it necessary to file a patent application in ROC for the same creation which has been applied for a patent in another country?

licai_backstage — Mon, 10 Aug 2020 08:08:18 +0000

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 is not patentable in ROC due to lack of novelty.

這篇文章 Is it necessary to file a patent application in ROC for the same creation which has been applied for a patent in another country? 最早出現於聯誠國際智慧財產權事務所。

What is a “grace period”?

licai_backstage — Mon, 10 Aug 2020 08:07:38 +0000

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 months for design, calculated from the date of earliest disclosure to the filing date.

The provisions regarding the grace period would apply when disclosures are made either intentionally or unintentionally by an applicant. Therefore, the content of the invention, utility model or design was disclosed in a printed publication, publicly exploited or publicly known prior to the filing of application, and patent application is filed within twelve(12)/six(6) months after the date of the disclosure, were all covered by grace period.

An applicant claiming for a grace period should state each fact and the relevant date of the disclosure and provide document(s) of proof.

這篇文章 What is a “grace period”? 最早出現於聯誠國際智慧財產權事務所。