FAQs

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:
(1) the shape of an article solely dictated by its function;
(2) fine arts;
(3) the layout of integrated circuits and electronic circuits;
(4) an article contrary to public order or morality.

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.

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.