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English¡·Filing Documents For Patent
¡·Which Type of Patent Protection Should be Sought for My Creation?
Filing Documents For Patents
1. Affidavit
2. Power of Attorney
3.Deed of Assignment (It is necessary to offer Deed of Assignment if the inventor is applicant)
4. Chinese specification, claims and drawings.
5. Priority documents, if any.
Which Type of Patent Protection Should be Sought for My Creation?
According to the R.O.C. Patent Law, Patent is classified into three categories including invention patent, new utility model patent and new design patent. However, when a creation is created by an inventor, how shall he or she apply for which patent protection? What an inventor firstly has to understand is the discrimination among these three patent protections. The legal effects among these three patents are totally different in terms of the protection term (for invention patent, 20 years; for new utility model patent, 12 years, and for new design patent, 12 years).
We briefly distinguish the three types of patents and then explain the differences among them in detail.
I. Invention:
Generally, the subject matter of an invention patent is the one of which any person has never thought. For example, a video camera can record the movement of an object only under utilizing a tape and, therefore, a video camera capable of recording without a tape can be regarded as an invention.
According to the provisions of Article 19 of the Law, the term invention as used herein refers to a highly creative technical innovation by which natural rules are utilized.
II. New Utility Model
Generally, the subject matter of a new utility model patent is an improvement over an article in the state of technology to create a better usage thereof. For example, a video camera is an article in the state of technology, but an improvement in terms of switch mechanism of a video camera rendering a video camera to have better functions may be considered as new utility model.
According to the provisions of Article 97 of the Law, the term new utility model as used herein refers to a creation or an improvement which has been made in respect of the form, construction or fitting of an object.
III. New Design:
For example, streamline formed video camera housing causing a pretty appearance of the video camera.
According to Article 106 of the Law, the term new design as used herein refers to a creation made in respect of the shape, pattern, color or their combination of an article.
Generally speaking, a new design patent is required to emphasize its appearance design. An invention or a new utility model is required to emphasize the practicability.
