Procedures for Obtaining a Design Patent
(1).Application
Any creation made in respect of the shape, pattern, color, or combination thereof of an article through eye appeal may file for a design patent.
A creation made by the same person, which is originated from and similar to his/her original design, may file for an associated design.
Necessary documents for filing a design application:
a). Application, including title of the invention, name of the inventor, name of the assignee (depends), and claiming priority (depends)
b). Specification and drawings, including the title of the article embodying the design, the description of the creation, the drawings or figures and the description thereof.OP
(2).Procedural Examination
An application document submitted to the TIPO will be checked to see whether it fulfills the necessary procedural and formal requirements. TIPO will ask you to correct while the application does not fulfill the requirements. Failure to submit a correction within a given period, the filing date will change to the date you submit the correction. TOP
(3).Substantive Examination
TIPO will assign an examiner to examine patentability of the claimed subject matter of your application.TOP
(4).Allowance
Where the examination result reveals no reason to deny the patentability of a design, such design shall be patented, and a notice of allowance will be rendered to you. TOP
(5).Issue
The granted design will be published and a certificate will be issued only after the issue fee and the first year annual fee have been paid within three (3) months after you receive the notice of allowance; if the foregoing fees have not been paid upon expiry of the above-given deadline, no publication shall be made, and the design right shall not exist ab initio.
You have to pay the annual fee every year to maintain your right.TOP
(6).Rejection
A first rejection decision will be rendered to you when the examiner found your application is not patentable, and you may respond the rejection decision by a statement of reasons TOP
(7).Re-examination
When the examiner does not accept your reasons, you may, within sixty (60) days from the date the rejection decision is served, apply for re-examination by submitting a statement of reasons.
TOP
(8).Appeal
TIPO will submit a final rejection decision when the examiner does not accept your reasons of re-examination, and you may, within thirty (30) days from the date the final rejection decision is served, apply for an appeal.TOP
(9).Intellectual Property Court
If you dissatisfied with the appeal decision, you may appeal to the Intellectual Property Court. TOP
(10).End of the right
The term of a design right shall ends with twelve (12) years from the filing date of the patent application. TOP
(11).Invalidation
Any person may file an invalidation action together with evidence to TIPO against the patentability of a granted design.
While an invalidation action against a granted design is sustained, the design is revoked and the design right shall become non-existing ab initio.TOP
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