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1.2 How many types of patents are there in the ROC?

There are three types of patents, namely invention, utility model, and design patents:

(1) An invention is a creation of technical ideas utilizing the laws of nature to produce the technical effect, solve problem(s) and achieve the desired result(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.

(2) 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 methods, processing methods, usage methods, chemical substances or compounds without concrete shape or structure do not meet the definition of utility model.

(3) 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) being applied to an article.

  • Publish Date : 2020-08-26
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 1960

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