Key Differences Between Taiwanese Patents (Patent Holdings) and Korean Patents

Taiwan comprehensively protects patents, utility models, and designs under the concept of "patents." Unlike Korea Single ionization method(Patent Law) deals with these simultaneously, resulting in differences in structure and terminology. In this column, we will briefly compare the key differences between Taiwan's patent law and Korea's patent law, utility model law, and design protection law.

Comparison of the scope of Taiwanese patents (patent patents) and Korean patents

Concept of Patents

In Taiwan, patents, utility models, and designs are all defined as "patents." In Korea, the Patent Act, Utility Model Act, and Design Protection Act each operate as separate laws.

Comparison of Taiwan's Stolen Property Law Protected vs. Korean Law

Taiwan's Pawned Law vs. Korea's Legal System

• Taiwan's Patent Law: Collectively regulates patents, utility models, and designs
• Korea:
  • Patent Law (Protection of Inventions)
  • Utility Model Act (Protection of Designs)
  • Design Protection Act (Protection of Creative Appearance of Goods)

Taiwan Patent Law (Patents, Utility Models, Design) Protection Requirements

Industrial Availability

Applied inventions (patents), inventions (utility models), and designs It must be able to be used industrially. Meet registration requirements. For design, it is evaluated based on 'mass production feasibility.'

Comparison of industrial usability

novelty

In both Taiwan and Korea, if prior art is disclosed in domestic or international announcements, performances, or publications, the novelty is lost. However, Grace Period The duration differs, so caution is needed.

• Taiwan: 12 months for patents and utility models, 6 months for designs.
• Korea: 12 months for patents and utility models, 6 months for designs (※ Although Korea is also unifying to 12 months due to partial revisions, please note the implementation timing)

Progressiveness/Creativity

• Patents and Utility Models: 'Things that ordinary technicians cannot easily invent (devise)'
• Design: 'Something that ordinary designers cannot easily create from a pre-application design'

first-to-file principle

If there are multiple applications for identical or similar inventions, designs, or designs, The person with the fastest filing dateYou acquire this right. If a priority claim secures a faster priority, that priority date is used as the basis for judgment.

Inventions, designs, or designs that cannot be obtained

• Taiwan Patent Law: Violations of animals and plants themselves, human medical or surgical methods, or violations of public order and morals (public order and good morals) cannot be patented.
• Korea: Registration is not allowed if it harms public order or good morals, or poses health and hygiene issues.

Taiwan Patent Application and Examination Procedures

Competent authority

• Taiwan Patent Office (经济部智財産局, TIPO):
  • Address: B1, No.185, Section 2, Xinhai Rd, Da'an District, Taipei City, Taiwan 106
  • Homepage: http://www.tipo.gov.tw/

Agent system

• Applicants without an address or place of business in Taiwan must apply through a Taiwanese patent attorney**
• The list of patent attorneys can be checked on the Taiwan Patent Office website.

Utility Model Registration Without Examination

• Taiwan requires that when filing a utility model, Formal examinationRegister quickly once you pass
• However, Since it does not undergo novelty or progressivity evaluation,, and a subsequent invalidation judgment may be filed
• In case of infringement lawsuits Technical Evaluation Report(Tech. evaluation report) must be obtained separately to exercise rights

Comparison of Taiwan's Trademark System and Korea's Trademark Law

Trademark Protection Scope

In Taiwan, text, shapes, colors, three-dimensional shapes, movements, holograms, sounds, and so on All distinctive coversis protected under trademark law.

Comparison of Trademark Protection Targets

Trademark Registration Requirements

1. Active Requirements: Distinctiveness (source identifiability)
2. Passive Requirements: Violations of public order and morals, functional marks, or conflicts with others' rights are not eligible for registration

Passive Registration Requirements (Reasons for Non-Registration)

• Confusion with national symbols or public interest organization names
• Violation of public order and good morals
• Concerns over consumer confusion due to identical or similar to someone else's previous registered trademark
• Infringement of others' rights such as well-known trademarks and copyrights

Registration-based and first-to-file principle

• Taiwan RegistrationAdoption of the registrant principle that allows rights to be acquired
• When multiple identical or similar trademark applications exist, ElectorSelf-priority registration
• exceptionally Notable TrademarksThe scope of protection may be recognized even if it is unregistered.

Notable Trademarks · Non-Use Cancellation

• Well-Known Trademarks: Well-known trademarks can be protected from unfair competition even if unregistered.
• Non-use cancellation: After trademark registration If you don't use it for three years, Registration may be canceled due to third-party requests.

Discrimination by Use (Acquired Discrimination)

• Even if a mark is descriptive without original distinctiveness, it can be registered if it acquires distinctiveness through long-term use.

Other Intellectual Property Rights

trade secret

• Taiwan Trade Secret Act: Non-public information (technical, administrative, financial, etc.) with reasonable confidentiality measures and economic value protected
• Although it is quite similar to Korea's Trade Secret Act, the detailed procedures and penalties may differ, so caution is advised.

Fair Trade Act (Unfair Competition)

• In Taiwan, unauthorized use of another person's prominent trade name or trademark to confuse consumers Fair Trade Actis prohibited
• Similar role to Korea's Unfair Competition Prevention Act

Copyright

• Taiwan Copyright Law: Automatic protection principle from the moment of creation
• All creative works within academic fields such as literature, science, and art are protected

Conclusion and Pine IP Firm's Advice

Taiwanese Single ionization method(Integration of patents, utility models, and designs), Utility Model Registration Without Examination, Exception period for loss of novelty (12 months for patents and utility models, 6 months for designs) and other systems differ from Korean systems, so it is important to understand them in advance. Additionally, Trademark It also follows the registration and first-to-file principles, and notable trademarks can be protected exceptionally.

If considering entering the Taiwan market or expanding your business, it is important to file patents and trademarks early and prepare measures to prevent trade secrets and unfair competition. If you do not have an address or office in Taiwan, you must proceed with the application process through a local patent attorney, so it is advisable to work with a reliable local partner.

Pine IP Firmhas extensive experience in Taiwan patent and trademark applications, enforcement of rights, and dispute resolution. Through our network of local Taiwanese patent attorneys, we provide systematic and prompt services, so please feel free to contact us anytime.