| Summary: | 碩士 === 大葉大學 === 智慧財產權碩士在職學位學程 === 106 === With regard to the regulation of the utility model patent between
Taiwan and Mainland China, their spirit and principle are basically the same, except some of the provisions are described differently. The origin of the utility model system is mainly based on the provision of Paris Convention. Early utility model adopted a substantive examination system. However, products with a shorter life cycles are derived from the change in times and industrial development. A bigger business opportunity will be brought to the patentee, if a patent can obtain its exclusive right and introduce its related products into the market quickly. Therefore, countries with utility model laws abandon the substantive examination system and adopt the formal examination system instead, in hope of issuing the patent right quickly.
At present, both sides of the strait adopt the formal examination system for utility models, and it is necessary to apply for technical and evaluation reports to claim the rights of the formally examined and granted utility model. As to the utility models without the technical and evaluation reports, the existence of the right for those issued without substantive examination is uncertain, and there is an issue of abuse of the right. In addition, the technical and evaluation reports are reference documents without any legal effect, and the exercise of the patent right is unstable. With the results on the study of the cross-strait utility model systems, this article explores the Taiwan’s utility model system in different aspects and proposes the direction of amendments.
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