Derivative Design Patents in Taiwan
When a designer develops a new product, it often happens that they would like to create several similar designs at the same time. Under the old Patent Law system, there was an associated design that could be applied for in order to get more thorough protection. If it were necessary for the court to deal with a patent infringement lawsuit, the first step would be to see if the allegedly infringing item was the same or very similar to the patented design in outer appearance. In this way, the associated design patent system helped set the scope of the original design patent and made it more precise. However, the patent right of an associated design under the old Patent Law was subordinate to the original design patent, and an associated design patent could not be independently enforced against similar designs. In 2013, the Patent Law was overhauled and the derivative design patent system was established. That means a derivative design patent can be independently enforced making for a less complicated process. For design patent owners, it is worth considering filing derivative design applications to secure the best possible protection.
Patent and Trademark Filings in Taiwan Semi-Annual Report 2021
The Taiwan Intellectual Property Office has published the figures for patent and trademark filings for the first half of 2021. 35,264 new patent applications and 46,379 new trademark applications were filed making a 4% and 7% increase respectively from last year. Patent applications by local large enterprises applications increased by 21% with TSMC filing a record 1,263 applications. Also, the number of invention patent applications by domestic applicants increased by 10% to 23,876. The number of utility model and design patent filings from foreign applicants also increased by 22% and 5% respectively. Japan was the source of the highest number of invention and design patents filed by a foreign applicant. Continue Reading