Taiwan                       Design
 

Definition of design

　"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.

　For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, an application may also be filed pursuant to this Act for obtaining a design patent.
 

Substantial conditions

　A design which is industrially applicable may be granted a design patent upon application in accordance with this Act, provided any of the following does not exist:

1. an identical or similar design was disclosed in a printed publication prior to the filing of the patent application ;
    
2. an identical or similar design was publicly exploited prior to the filing of the patent application ; or
    
3. the design was known to the public prior to the filing of the patent application.
    

　A design that is without the circumstances prescribed in the preceding paragraph but can be easily conceived by a person ordinarily skilled in the art based on prior art shall not be patented.
 

Application and restriction of derivative design patent

　For two or more similar designs owned by the same person, applications may be filed for a design patent and its derivative design patent(s).

　The filing date of a patent application for derivative design shall not be earlier than the filing date of the original patent application for design.

　A patent application for derivative design filed after the publication of the original design patent is not acceptable.

　An applicant shall not file a patent application for derivative design patent if the design therein is only similar to another derivative design patent but not to the original design patent.
 

Patent term of design patent

　The term of a design patent shall expire after a period of fifteen (15) years from the filing date of the application. A derivative design patent shall expire simultaneously with the original design patent.