Definition & Type of Patent

Definition of Patent

What is a patent? When we want to protect the rights of an invention or a creation, we apply through the Intellectual Property Office for a patent. Patent rights are granted after the application is examined and approved under the Patent Act. Patent rights are which including：

the patentee of a patented article shall have the exclusive right to preclude other persons from manufacturing, making an offer for sale, selling, using, or importing for above purposes the patented article without his/her prior consent.
the patentee of a patented process shall have the exclusive right to preclude others from using such process and using, selling or importing for above purposes the articles made through direct use of the said process without his/her prior consent.

Types of Patent

Invention

refers to any creation of technical concepts by utilizing the rules of nature. Thus, it can be defined that an invention is a creation of technical concepts that utilizes the rules of nature to reflect on the application of an article or a method.

Utility model

refers to any creation of technical concepts by utilizing the rules of nature, in respect of the form, construction or installation of an article. Thus, it can be defined that a utility model is a creation of technical concepts that utilizes the rules of nature to reflect the innovation of a form, construction, or installation of an article that possesses a new purpose or improved efficacy.

Design

refers to any creation made in respect of the shape, pattern, color, or combination thereof of an article through visual appeal. Thus, it can be defined that a design uses the shape, pattern, color, or combination of an article to enhance its quality, affinity, and value through visual effects in order to increase market competitiveness and visual contentment.

Example：
【Invention】Method to get the fire by drilling the wood
【Utility Model】Lighter
【Design】New model or appearance of the lighter

Differences between Invention & Utility Model

An invention and a utility model protect different subjects. An invention covers a wider range of protection, including methods, articles (having definite spatial forms), substances (not having definite spatial forms), and biological materials and their applications. A utility model’s protection is limited to articles only.

Differences between Utility Model & Design

A design patent should emphasize the enhancement of its visual effect to visually attract general consumers and to generate purchasing interest. Thus, a design uses the shape, pattern, color, or combination of an article to enhance its quality, affinity, and value through visual effects in order to increase market competitiveness and visual contentment. However, a utility model patent and an invention patent aim to improve an article’s convenience in its function, technique, manufacturing and application.

Chart

Country	Type	Patent Term	Examination	Examination Time
Taiwan	Patent	20 years	Substantive	around 12-18 months
	Utility Model	10 years	Formality only	around 3-6 months
	Design	15 years	Substantive	around 10-12 months
China	Patent	20 years	Substantive	around 18-24 months
	Utility Model	10 years	Formality only	around 6-10 months
	Design	15 years	Formality only	around 6-10 months
U.S.	Utility Patent	20 years	Substantive	around 12-18 months
U.S.	Design	15 years	Substantive	around 12-18 months
Japan	Patent	20 years	Substantive	around 24-36 months
	Utility Model	10 years	Formality only	around 4-6 months
	Design	25 years	Substantive	around 12-18 months
Korea	Patent	20 years	Substantive	around 18-24 months
	Utility Model	5 years	Substantive	around 10-12 months
	Design	20 years	Substantive	around 12-18 months
Germany	Patent	20 years	Substantive	around 18-24 months
	Utility Model	10 years	Formality only	around 4-6 months
	Design	25 years	Formality only	around 12 months