Chapter 4 Application and Examination of Design Patent
Article 46
Where the priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable mutatis mutandis under Paragraph 1, Article 142 of the Act, the so-called “prior to the filing of the patent application” in Article 122 of the Act and the so-called “earlier-filed” in Article 123 of the Act shall mean prior to the priority date.
The so-called “printed publication” in Article 122 of the Act shall mean documents or other storage media carrying information that is open to the public.
The period of six (6) months in Paragraph 3, Article 122 of the Act is calculated from the day following the occurrence of the facts prescribed under the same paragraph to the filing date prescribed under Paragraph 2, Article 125 of the Act. Where there are more than one of the facts prescribed under Paragraph 3, Article 122 of the Act, the above-mentioned period shall be calculated from the day following the occurrence of the first of these facts.
Article 47
The so-called “a person ordinarily skilled in the art” in Article 122 and Article 126 of the Act shall mean a person having general knowledge and ordinary skills in the art of the design at the time of filing.
In the preceding paragraph, the time of filing shall mean the priority date where priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable mutatis mutandis under Paragraph 1, Article 142 of the Act.
Article 48
Where a person has obtained the right to apply for patent due to inheritance, assignment, employment or capital contribution, with respect to the disclosure of the design made by the predecessor, assignor, employee or appointee prior to the filing, the provisions of Paragraphs 3 and 4, Article 122 of the Act shall apply.
Article 49
When filing a patent application for design, the application form shall specify the following items:
1. title of design;
2. name and nationality of the designer; and
3. name, nationality, and domicile/residence or business establishment of the applicant; the name of the representative, if any; and
4. name and business establishment of the agent, if an agent is designated;
Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof shall be made at the time of filing.
When filing a patent application for derivative design, the application number of the original patent application for design shall be specified in the request form, in addition to the items stated in the preceding two paragraphs.
Article 50
When filing a patent application for design, the description shall contain the following items:
1. title of design;
2. purpose of article; and
3. description of design.
The description shall be presented in the manner and order specified in each subparagraph of the preceding paragraph, and each of the parts shall be preceded by a heading. However, the items stated in Subparagraph 2 or 3 of the preceding paragraph may be omitted where such items are clearly reflected by the title of design or the drawing(s).
Article 51
The title of design shall clearly designate the article to which the design applied; irrelevant wording is not allowed.
The purpose of article serves to facilitate description of usage, function, and the like of the article to which the design applied.
The description of design serves to facilitate description of shape, patterns, colors, or any combination thereof. The following circumstances shall be stated, if any:
1.the disclosed content of the drawing(s) contains parts which do not form part of the claimed design;
2.for computer icons and graphic user interfaces applied to an article and whose appearance(s) may change, the change sequence; or
3.the omission of the drawing(s) due to identicalness of drawing(s), symmetry of drawing(s), or any other causes.
A concise statement may be made in the description of design when necessary under any of the following circumstances:
1.where the appearance of design changes because of the characteristics of different materials used, adjustment of function, or change in state of use;
2. where there is auxiliary drawing(s) or reference drawing(s); or
3. in a patent application for design claiming a set of articles, the title of each article constituting the set.
Article 52
The terminology used in the title of design, purpose of article, and description of design in the description shall be consistent.
The description referred to in the preceding paragraph should be typed or printed.
Where foreign language document(s) is submitted pursuant to the Paragraph 3, Article 125 of the Act, the description shall contain the precise and complete translation.
Article 53
In a patent application for design, the drawing(s) shall contain sufficient views so as to fully disclose the appearance of the claimed design; where the design is three-dimensional, the drawing(s) shall contain a perspective view; where the design is applied to a boundless plane in form, the drawing(s) shall contain an element view.
The views stated in the preceding paragraph may include a perspective view, a front view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan view, an element view, or other auxiliary views.
The drawing(s) shall be made clear with ink lines, computer drafting, or photographs based on engineering drawing method; when scaled down to two-thirds, all the details disclosed in each drawing shall still be clearly distinguished.
Where colors are claimed, the drawing(s) stated in the preceding paragraph shall present the colors.
The parts in the drawing(s) which the design intends to claim and not to claim shall be presented in a manner by which the different parts can be clearly distinguished.
A drawing annotated as reference shall not be the scope of a design patent, but shall be used to describe an article to be applied or an environment of use.
Article 54
In a patent application for design, each drawing shall be annotated with a title, and a perspective view or a drawing that can best characterize the design shall be designated as the representative drawing.
In case of failure to designate a representative drawing or inappropriate designation of a representative drawing, the Specific Patent Agency may notify the applicant to complete the requirements within a specified time limit, or notify the applicant of designation being made ex officio.
Article 55
In the event that parts of the description or parts of the drawing(s) are missing from the patent application for design, the filing date shall be the date on which the missing parts of the description or the drawing(s) are filed. However, the filing date shall be the date on which the application was first filed under any of the following conditions:
1.where the applicant claims priority of an earlier application, and the missing parts of description or parts of the drawing(s) are completely contained in the earlier application; or
2.where the applicant withdraws the earlier filed missing parts of the description or parts of the drawing(s) within thirty (30) days after being served with a notification confirming the filing date by the Specific Patent Agency.
Where the description or drawing(s) referred to in the preceding paragraph are submitted in a foreign language, the above provisions shall apply.
Article 56
The period of six (6) months prescribed under Paragraph 2, Article 142 of the Act is calculated from the day following the filing date of the first patent application in a country which reciprocally recognizes ROC-based priority claims or a member of the WTO to the filing date prescribed under Paragraph 2, Article 125 of the Act.
Article 57
The so-called “same class” prescribed under Paragraph 2, Article 129 of the Act shall mean articles categorized under the same Class in the International Classification for Industrial Designs.
Article 58
When requesting division of a patent application for design, a request form for each divisional patent application shall be submitted and accompanied by description and drawing(s).
Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof shall be made at the time of filing the request form for each divisional patent application.
The divisional patent application shall not differ from the original patent application in its type.
Article 59
When requesting to amend the description or drawing(s) of a patent application for design, a request form shall be submitted and accompanied by the following documents:
1. the amended sheet(s) of the description on which the portions of the amendment are marked; the deleted original disclosure shall be indicated by a strikethrough of the deleted text(s); the added disclosure shall be indicated by underlining the added text(s); and
2.the complete set of replacement description or drawing(s) after the amendment without marks.
The request form referred to in the preceding paragraph shall specify the following items:
1.where an amendment is made to the description, the page number(s) and line number(s) thereof and reasons for the amendment;
2.where an amendment is made to the drawing(s), the title(s) thereof and reasons for the amendment.
Article 60
When requesting to correct the description or drawing(s) due to translation errors, a request form shall be submitted and accompanied by the following documents
1. the corrected sheet(s) of the description on which the portions of the correction are marked; the deleted original disclosure shall be indicated by a strikethrough of the deleted text(s); the added disclosure shall be indicated by underlining the added text(s); and
2.the complete set of replacement description or drawing(s) after correction without marks.
The request form referred to in the preceding paragraph shall specify the following items:
1.where a correction is made to the description, the page number(s) and line number(s) thereof, reasons for correction, and the page number(s) and line number(s) of the corresponding description in foreign language;
2.where a correction is made to the drawing(s), the title(s) thereof, reasons for the correction, and the title(s) of the corresponding drawing(s) in the application in foreign language.
Article 61
Rules 26, 30, 34, 35 and 38 shall apply mutatis mutandis to design patent.
The provisions in this Chapter are applicable to derivative design patent.