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Changes and Challenges in Using the Formality Examination for Utility Models in Taiwan

IR@NISCAIR: CSIR-NISCAIR, New Delhi - ONLINE PERIODICALS REPOSITORY (NOPR)

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Field Value
 
Title Changes and Challenges in Using the Formality Examination for Utility Models in Taiwan
 
Creator Chen, Rain
Hwang, Cheng-Rong
 
Subject Utility model
Formality examination
Substantive examination
Technical report
 
Description 20-26
<span style="mso-fareast-font-family:DFKai-SB; letter-spacing:-.1pt" lang="EN-GB">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. <span style="mso-bidi-font-weight:bold">Meanwhile, the proposal in this study will provide a reference for other nations that face changes in utility model procedures<span style="mso-bidi-font-weight: bold">. </span></span></span>
 
Date 2012-01-14T20:17:35Z
2012-01-14T20:17:35Z
2012-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://hdl.handle.net/123456789/13407
 
Language en_US
 
Rights <img src='http://nopr.niscair.res.in/image/cc-license-sml.png'> <a href='http://creativecommons.org/licenses/by-nc-nd/2.5/in' target='_blank'>CC Attribution-Noncommercial-No Derivative Works 2.5 India</a>
 
Publisher NISCAIR-CSIR, India
 
Source JIPR Vol.17(1) [January 2012]