Friday, December 24 2021   \  Published by Deep & Far Attorneys-at-law.

Taiwan Updates Notes on Design Patent Specification and Drawings

As a follow up to the Design Patent Substantive Examination Benchmark revisions in 2020, the Taiwan Intellectual Property Office has updated the Notes in May of this year.  Firstly, the specification shall include the title of the claimed design as well as a literal description of the design by making reference to the drawings.  The applicant can choose as the title the name of an article commonly used in the relevant art or one referenced from the International Industrial Design Classification.  The function and intended use of the article to which a claimed design is applied shall be included in the specification unless the title makes its function obvious.  A description of the outer appearance of a design such as its shape, pattern, or coloring shall be included in the specification with reference to the drawings if it is not clear in the drawings.  If any part of the drawing is omitted due to symmetry or some other issue, or if some of the content of the drawings is not part of the claimed design, that information must be described in the specification.  These extra details in the updated notes are expected to make things clearer for both the applicant and the examiner. 

 

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