Because patentability is not substantively examined for a utility model patent application, there is considerable instability and uncertainty regarding the application’s validity. If a patentee inappropriately exercises such uncertain right, the patent rights may possibly be abused, which may hinder a third person’s research and development. Therefore, a Technical Evaluation Report may be requested to clarify if the said utility model patent complies with the patentability. It should be noted that the Technical Evaluation Report is simply a reference for exercising the rights to utility model patent or for technical reference. Those who believe a utility model patent should not be approved may institute an invalidation action to revoke the said patent.

• Publish Date : 2020-09-09
• Update : 2020-09-14
• Organization : International Legal Affairs Office
• Visitors : 558