CUIPFAQsDesign Patent
Design Patent(From TIPO)

A design means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article.

A design patent shall not be granted in respect of any of the following:
  • the shape of an article solely dictated by its function
  • fine arts
  • the layout of integrated circuits and electronic circuits
  • an article contrary to public order or morality.

To apply for a design patent, you have to submit an application form, a description and drawing(s).

An application for a design patent shall relate to one design only. However, two or more articles belonging to the same class and are customarily sold or used together may be filed as one design. The so-called "same class" means articles categorized under the same class in the International Classification for Industrial Designs.

The drawing(s) shall contain sufficient views so as to fully disclose the appearance of the claimed design.

The views may include a perspective view, a front view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan view, an element view, or other auxiliary views. Where the design is three-dimensional, the drawing(s) shall contain a perspective view; where the design is applied to a boundless plane in form, the drawing(s) shall contain an element view.

A substantive examination of a design patent application is required to determine whether a patent can be granted for the design. Once a design patent application is accepted, TIPO will take the initiative in conducting the substantive examination automatically.

The average time to conclude a case was around 9 months in 2013.

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC. You should respond by submitting a written argument or a written amendment, depending on the situation.

Prior to the expiration of the time period, the applicant may make a request for an extension. The time period of the extension is also 2 months for applicants residing in ROC and 3 months for applicants residing outside ROC.

If you don’t respond before the deadline, TIPO will make the decision of refusal.

If a design patent applicant is dissatisfied with a decision of refusal, he/she may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.