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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(1) [January 2012] >
| Title: | Changes and Challenges in Using the Formality Examination for Utility Models in Taiwan |
| Authors: | Chen, Rain
Hwang, Cheng-Rong |
| Keywords: | Utility model
Formality examination
Substantive examination
Technical report |
| Issue Date: | Jan-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | With a view to shortening the time to obtain utility
models, the Taiwan
government transformed the original substantive examination system of utility
models to the current formality examination system in 2004. After four years of
implementation, a majority of the utility model applicants have been able to obtain
utility models within four to six months. Thus, not only has the time of right
endowment been greatly shortened, the needs of the industry in terms of early
endowment of utility model has also been satisfied. However, the technical
report as part of implementation is not an administrative action, and due to
the regulations, the technical report can only be passively used as reference
for the holder of the utility model to determine whether the utility patent is
valid. The evaluation content and results are not comprehensive enough; there
is nothing that can be done regarding inappropriately obtained utility models.
This study explores the change to the utility model formality examination
system, and also discusses the challenges faced by the Taiwan Intellectual
Property Office (TIPO) with this new system which has been applied by most
advanced countries. Meanwhile, the
proposal in this study will provide a reference for other nations that face
changes in utility model procedures.
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| Page(s): | 20-26 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(1) [January 2012]
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