Chapter 3
Utility Model Patents

Article 93
The term " utility model" shall refer to any creation of technical concepts by utilizing the acts of nature, in respect of the form, construction or installation of an article.

Article 94
Any utility model that is industrially applicable and is free from any of the following conditions may obtain a utility model patent upon an application in accordance with this Act:
1. Which, prior to filing such a patent application, has been disclosed in any
    publication or put into public use; or
2. Which, prior to filing such a patent application, has become known to the
    public.
In case either of the conditions set forth in the preceding Paragraph does exist as a result of any of the following causes, and a utility model application is filed within six (6) months from the date any of the foregoing causes occurs, said utility model shall be free from any of the restrictive conditions set out in the preceding Paragraph:
1. due to a research, or an experiment;
2. due to a display in an exhibition sponsored or approved by the government;
    or
3. due to a disclosure not agreed by the applicant.
An applicant claiming the application of the cause set forth in Item 1 or Item 2 of the preceding Paragraph shall indicate the facts and the relevant date(s) in his/her application, and shall submit evidential documents within the time limit specified by the Patent Authority.
Notwithstanding the absence of the conditions set forth in Paragraph One of this Article, no utility model patent may be applied for or granted under this Act, if the utility model can easily be accomplished by any ordinary skilled person in the relevant art based on existing prior art before the application for patent is filed.

Article 95
Where the contents of a utility model claimed in a patent application are identical to the contents described in the specification and drawings submitted along with an application for invention or utility model patent that is filed prior to but laid-open or patented after the filing of the present application, no utility model patent may be granted, except that the applicant(s) of the present application is (are) the same applicant(s) of such prior invention or utility model patent application.

Article 96
No utility model patent shall be granted to a utility model application which is detrimental to public order, good custom or public health.

Article 97
Where a utility model claimed in a patent application is considered, after the formality examination, to be under any of the following circumstances, a disapproval decision shall be made:
1. Where the utility model is not related to the form, construction or
    installation;
2. Where the new utility is contrary to the provision set out in the preceding
    Article;
3. Where the manner of disclosing the utility model is contrary to the
    requirements in Paragraphs One and/or Four of Article 26 which are
    applicable mutatis mutandis under Article 108 of this Act;
4. Where the utility model is in violation of the provisions set out in Article 32
    which are applicable mutatis mutendis under Article 108 of this Act; or
5. Where certain essential matters have not been disclosed in the specification
    or drawings, or the essential matters disclosed therein are obviously unclear.
Prior to making the decision in accordance with the provisions set out in the preceding Paragraph, the applicant shall be required, by an advance notice, to make necessary statement, supplement or amendment to the specification or drawings previously filed.

Article 98
In the event a utility model claimed in a patent application is considered, after the formality examination, to be under any of the circumstances set out in the preceding Article, a written decision with the reasons shall be made and served to the applicant or his/her attorney.

Article 99
Where the utility model claimed in a patent application is considered, after formality examination, not under any of the conditions of non-patentability set out in Article 97 hereof, said utility model shall be granted a patent, and the claims and the drawings of the application therewith shall be published.

Article 100
Where a patent applicant applies for making supplement or amendment to the specification or drawings enclosed in the original application, an application for such shall be filed within two (2) months from the filing date of the original application.
Any supplement or amendment to be made under the preceding Paragraph shall not exceed the scope disclosed in the specification or drawings submitted along with the original application.

Article 101
A claimed utility model in a patent application will not be published until the applicant shall have paid the issue fee and the first year annuity within three (3) months after the applicant has received the written decision for grant of the patent as requested; if the applicant fails to make the foregoing payments upon expiry of the given deadline, no publication of said utility model will be made, and the patent right granted thereto shall not exist ab initio.
A claimed utility model in a patent application shall be granted a utility model patent right, effective from the date of publication thereof, and a patent certificate shall be issued thereto.
The duration of a utility model patent right shall be ten (10) years from the filing date of the patent application.

Article 102
Where an application originally filed for an invention or a design patent protection is converted into a utility model patent application or where an application originally filed for a utility model is converted into an invention patent application, the filing date of the original patent application shall be taken as the filing date of the converted patent application provided, however, that no application for patent conversion may be filed from the date the written decision granting a patent or after sixty (60) days from the written decision denying a patent on the original patent application is served.

Article 103
After a utility model claimed in a patent application is published, any person may, with respect to the conditions set forth in Item 1 or Item 2, Paragraph One, or Paragraph Four of Article 94; Article 95; or Article 31 applicable mutatis mutandis under Article 108 of this Act, apply to the Patent Authority for obtaining a technical revaluation report pertaining to the proposed utility model.
The Patent Authority shall publish in the Patent Gazette the facts that an application for a technical evaluation report regarding a proposed utility model as set forth in the preceding Paragraph is filed.
Upon receipt of an application for the report of Paragraph One of this Article, the Patent Authority shall appoint patent examiner(s) to prepare the technical evaluation report regarding the proposed utility model and to indicate his/their name(s) thereon.
In the event the fact of a commercial practice of the proposed utility model by a person other than the patentee has been described by the applicant when filing the application for a technical evaluation report regarding the proposed utility model in accordance with the provision set out in Paragraph One of this Article, and relevant evidences has been submitted along with the application, the technical evaluation report shall be completed within six (6) months.
An application for a technical evaluation report regarding a proposed utility model may still be filed after the extinguishment of the utility model patent ipso fecto.
An application filed in accordance with the provisions of Paragraph One shall not be withdrawn.

Article 104
When exercising a utility model patent right, the patentee of that utility model right shall present the technical evaluation report regarding the utility model patent for the purpose of warning.

Article 105
In case the patent right of a utility model is revoked, the patentee shall be liable for the damages sustained by any other persons from the exercising of such utility model right by said patentee prior to the revocation thereof.
In the case set forth in the preceding Paragraph, if the exercise of the utility model patent by the patentee is carried out based on the contents of the technical evaluation report associated with said utility model, or with due care by the patentee, it shall be presumed that the patentee has done no fault in exercising the utility model patent right.

Article 106
Unless otherwise provided for in this Act, the patentee of a utility model shall have the exclusive right to preclude other persons from manufacturing, offering for sale, selling, using, or importing for such purposes such patented products without his/her prior consent.
The scope of a utility model patent shall be determined based on the claim(s) set forth in the specification of the patented utility model. When interpreting the scope of claims, the description and drawings of the utility model patent may be used as reference.

Article 107
Under any of the following circumstances, a utility model patent right shall be revoked and the patent certificate issued thereto shall be recalled within a given time limit by the Patent Authority upon receipt of an invalidation action and if recalling fails, an public notice of revocation of said patent certificate shall be published:
1. If the utility model patent is found in violation of the provisions of Paragraph
   One, Article 12; Article 93 through Article 96; Paragraph Two, Article 100;
   Article 26 applicable mutatis mutandis under Article 108; or Article 31
   applicable mutatis mutandis under 108 of this Act;
2. If the home country of the patentee does not accept the patent
   applications to be filed by nationals of the ROC; or
3. If the utility model patentee is a person other than the person entitled to file
    the utility model patent application.
An invalidation filed on the ground of violation on the provisions set out in Paragraph One, Article 12 of this Act or the grounds set forth in Item 3 of the preceding Paragraph of this Article shall be filed only by an interested party; whereas under any other circumstances set forth in the preceding Paragraph, any person may file to the Patent Authority an invalidation action with evidences.
The written decision to be issued in respect of an invalidation action shall be affixed with the signature of the patent examiner(s) making such decision.

Article 108
The provisions of Articles 25 through 29, Articles 31 through 34, Paragraph Two of Article 35, Articles 42, Paragraph Two of Article 45, Article 50, Article 57, Articles 59 through 62, Articles 64 through 66, Paragraph Three and Paragraph Four of Article 67, Articles 68 through 71, Articles 73 through 75, Paragraphs One, Two and Four of Article 78, Articles 79 through 86, Articles 88 through 92 of this Act shall apply mutatis mutandis to the utility model patents.