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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.
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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