Design rights (design patents) in Taiwan are a type of "patent" along with invention patents and utility models, and are regulated by the Taiwan Patent Act (enacted in 1949, and since then amended many times). The competent authority is the Intellectual Property Office of the Ministry of Economic Affairs (Taiwan Patent Office, TIPO), which is responsible for matters such as design applications and registrations. Under patent law, a design is defined as ``the shape, pattern, or color of all or part of an article, or a combination of these, which is a creation that appeals to the eye,'' and is a system that provides rights protection for the design of the appearance of an article. The purpose of the system is to promote industrial development by encouraging and protecting design creation and promoting its use.
Under Taiwan's design system, the following items are also protected. In other words, it is possible to register designs for assemblies (uniform designs for multiple items that are customarily sold and used as a set), designs for graphical user interfaces (GUI)s and icons for computers, and partial designs (designs for parts of products). Furthermore, if an applicant has multiple similar designs, the Related Designs system allows them to be linked and protected as the main design and related designs. However, items that are purely appreciated as works of art or arts and crafts (those that cannot be used for industrial purposes) or designs that violate public order and morals are not eligible for protection (see registration requirements for details).
To obtain a design registration in Taiwan, it is necessary to meet the substantive requirements stipulated in the Patent Law. The main registration requirements are as follows:
One design, one application (unity): In principle, only one design can be registered per application (Article 129 of the Patent Law). If multiple designs are filed in one application, it is necessary to make amendments by filing a divisional application. Additionally, if multiple applications conflict for the same or similar design, the first-to-file system applies, and only the earliest applicant can receive registration.
Visibility: The article to which the design relates is required to bevisible to the user or consumerat some point during its lifespan. For example, designs that are hidden inside the product are not protected, but component designs that are visible even temporarily from the outside, or fine cuts that can be seen under a microscope (such as gemstone cuts or LED shapes) may meet this requirement.
Industrial applicability: The design must be for an article that can be industrially mass-produced. Purely artistic creations and arts and crafts (such as one-of-a-kind works of art that are not planned for mass production) cannot be used industrially and are therefore not eligible for design registration.
Novelty: At the time of filing, the design must not be publicly known or in public useat home or abroad, and must not be identical or similar to any design that has been filed within or outside Taiwan by any other person before the filing date. In short, worldwide novelty is required, and existing published designs and prior applications are obstacles to registration. However, even if the design is made public before filing, an exception to the lack of novelty can be granted under certain conditions. Specifically, if the design is made public through either of the following reasons: **(1)Announcement in a publication,(2)Exhibition at a government-sponsored or authorized exhibition, or(3)**Leakage against the applicant's will.You can apply for your own design within 6 months from the date of publication (6-month grace period). This system allows novelty to be maintained for a certain period of time even after unexpected publication or exhibition exhibition.
Creativeness: It is also required that the design has creative features to the extent that it would not be easy for a person with ordinary knowledge in the art field to which the design belongs to to be able to figure it out from the prior design. This is a requirement for so-called creativity and inventiveness, and if it is merely a collection of common designs or a very common change, this requirement will not be met.
Other reasons for non-registration: Designs that may harm public order and morals or public health, designs that include a publicly known portrait of another person or a famous character, designs that use someone else's copyrighted work without permission, etc. will be refused registration on the grounds of violating public order and morals. In addition, designs with shapes that are determined solely by the product's function (purely functional shapes) cannot be registered because they lack aesthetic appeal.
If the application meets the above requirements and is legally legal, it is possible to obtain a design registration in Taiwan. During the examination, the examiner will substantively judge these points (whether the work is novel, whether it is difficult to create, whether there is a conflict with public order and morals, etc.). In particular, Taiwan adopts the substantive examination system for designs, so the applicability of the requirements is strictly checked by investigating whether there are any similar prior designs.
Application qualifications, design applications can be filed in Taiwan by both domestic and foreign corporations and individuals, but applicants who have an address or business office outside of Taiwan must go through the procedures through a local patent agent (patent attorney) (appointment of an agent is mandatory). This system is similar to that in Japan, and when a foreign company or individual files an application in Taiwan, they submit a power of attorney to an agent approved by the Taiwan Intellectual Property Office and request the procedure. It is preferable to submit a power of attorney at the time of filing, but even if you fail to submit a power of attorney, you may submit a supplementary power of attorney within a maximum of six months from the filing date. In terms of language, **Taiwan's official language is Chinese (traditional)**, but applications in foreign languages are also provisionally accepted. For example, it is possible to file an application with the specification and drawings in Japanese or English, secure a filing date, and then submit a Chinese translation within 4 months (extension of 2 months possible) to make the application official. This is a useful system for securing an early filing date.
Documents to be submittedFirst of all, anapplication (design patent application) in the prescribed format is required. The application form should include the names, addresses, and nationalities of the creator (designer) and applicant, the name of the design, classification according to the Locarno classification, and if priority is claimed, that fact (country of basic application, filing date, application number), etc. Please also submit a set of specifications (instructions) and drawings as attachments to the application. The description shall include the name of the article to which the design relates, purpose of the article, and an explanation of the content of the creation of the design. Especially in the case of a partial design, it is also necessary to state what kind of product the part will be incorporated into. However, in Taiwan, a detailed design description is not required like in Japan, and only the design name is required, and detailed explanations of the use and design can be submitted voluntarily. Regarding drawings, it is necessary to use clear drawings (black line diagrams, photographs, CG drawings, etc.) that comply with the Industrial Drafting Act to show the appearance of the product from multiple perspectives so that those skilled in the art can understand the details of the design. If image designs such as GUI and icons are included, additional drawings and perspective views that appropriately show screen display transitions and three-dimensional shapes should be prepared, and multiple representative drawings should be specified as necessary. If you are filing a color application, you must submit a color drawing, and you must be careful when creating the drawings, such as the fact that adding only color after filing a monochrome application is not permitted (the drawings at the time of filing determine the scope of rights).
RegardingClaim of priority, Taiwan is not a member of the Paris Convention, but is a member of the WTO, and under the TRIPS Agreement provides priority protection equivalent to the Paris Convention. Therefore, you can claim priority if you apply for the same design in Taiwan within 6 months from the date of the first application, based on an earlier design application filed in a country that recognizes mutual priority with Taiwan or in a WTO member country. For example, if you apply for a design in Taiwan within six months of an application filed in Japan, the novelty and originality of the design will be judged based on the date of the application in Japan (the priority period for a design is six months). When claiming priority, the country, date, and application number of the basic application must be indicated in the application, and the original priority certificate (copy of the official publication of the basic application, etc.) must be submitted within 10 months from the earliest date of the basic application. The certificate can be submitted electronically, and if it is based on a Japanese application, it can be replaced with an access code notification issued by the JPO. Please note that it is not possible to add a priority claim after filing an application, so if you wish to use priority rights, please be sure to declare them at the time of filing.
Application methodIn addition to paper submission, electronic application is also available. It is possible to submit applications electronically through the online application system of the Intellectual Property Bureau of the Ministry of Economic Affairs, and there are also preferential treatment such as fee discounts (as of 2023). The application fee is NT$3,000 (approximately 13,000 yen) per application and must be paid at the time of application. Filing date recognition will be given on the day the application, specification, and drawings are completed. If there are any deficiencies in the submitted documents, an amendment order will be issued during the formality examination, but if the amendments are made within the specified period, the original filing date will be maintained. The processing period from application to registration is relatively short, with the average examination period being about 6 months for first action and about 9 months for final disposition (decision of registration or decision of refusal). This is faster than in other countries, and design rights acquisition in Taiwan tends to proceed quickly.
Taiwan adopts the substantive examination principle for designs. After filing, the application will undergo a formality examination (checking for incomplete documents and formal requirements) by the Japan Patent Office, and then automatically proceed to a substantive examination. There is no examination request system like in Japan, and all applications are subject to examination once an application is filed. During the formalities examination, the application will be checked for missing items, unpaid fees, and the presence of required documents (power of attorney, priority document, etc.), and if there are any deficiencies, you will be given an opportunity to make corrections. Applications that have cleared the formal requirements will be sent directly to the examiner for substantive examination.
In the substantive examination, the examiner examines whether the above registration requirements are met. The examiner will investigate the prior design and determine whether there is any prior design that violates novelty and ease of creation, violates public order and morals, or has a purely functional shape. If a similar prior application exists, this will be considered a reason for refusal, and a "Notice of Reasons for Refusal" will be sent to the applicant. Applicants who have received a notice of reasons for refusal can make counterarguments and amendments by submitting written opinions and written amendments within the period indicated in the notice (within 3 months for non-Taiwan residents; one-time extension possible for an additional 3 months). If you make an amendment to the drawings or description, it is permitted only to the extent that it does not deviate from the scope of the design indicated at the time of filing, and it is not allowed to add new matters that exceed the scope (amendments that exceed the scope may be grounds for invalidation). The examiner will consider the content of the applicant's response, and if it is determined that the reasons for refusal remain unresolved, the examiner will issue a "decision of refusal." On the other hand, if there are no reasons for refusal or all of them are resolved, a Decision of Registration (Decision of Patent) will be issued, and the application will be granted registration.
If a decision of refusal has been made, the applicant can request "reexamination" to the Intellectual Property Bureau of the Ministry of Economic Affairs within two months from the date of service of the decision if the applicant is dissatisfied. In reexamination, another examiner will examine the application again, notify the reasons for refusal as necessary, and make a decision. If the refusal is upheld in the reexamination, you can file an administrative appeal, or "petition," with the Ministry of Economic Affairs (competent government agency) within 30 days from the date of service of the decision. If the case is not resolved at the hearing of the petition (administrative tribunal), the case will proceed to an administrative lawsuit (intellectual property lawsuit) at an intellectual property court, and a final judicial decision will be sought. The above flow provides applicants with a multi-step means of filing an appeal and ensures fair examination.
In terms of examination standards, the design examination standards were revised in November 2020, and in addition to explicitly adding exterior and interior design of buildings to the scope of protection, handling of image and icon designs, relaxation of requirements for divisional applications, relaxation of requirements for disclosure of specifications and drawings, etc. were implemented. This makes it clear that, for example, the interior design of a building (store interior, etc.) can also be registered as a design. In addition, partial designs and screen designs have been introduced in recent revisions (such as those enacted in 2013), and the examination standards have also established detailed operating rules that correspond to these new protection targets. Taiwan's examination standards adopt many concepts similar to Japan's design law, and are easy for practitioners to understand, such as determining similarity based on the "overall visual impression" when determining novelty and originality, and treating designs with function-following shapes as non-patentable. In general, Taiwan's design examination system is operated to ensure both the reliable granting of rights and the elimination of invalid rights through prompt and substantive examinations.
Duration: The duration of a design right in Taiwan is 15 years from the date of application for design registration. A design right arises on the date of public notice of registration (= the date on which the right becomes effective) and expires on the expiration date of 15 years from the filing date. The patent term, which was previously 12 years, was extended to 15 years under the 2019 revised patent law. This extension of time will strengthen the protection of rights compared to before 2013. There is no intermediate renewal system (renewal registration system) for design rights as there is in Japan, and once registered, the rights automatically last for up to 15 years (extension or renewal is not possible after expiration). However, in order to maintain the rights, it is necessary to pay a pension (annual registration fee), and the rights will expire if the specified registration fee is not paid every year from the second year onwards. The pension is gradually increased to 800 yuan per year for the 1st to 3rd years, 2,000 yuan per year for the 4th to 6th years, and 3,000 yuan per year from the 7th year onwards, and it is possible to pay in advance for up to 15 years. Even if you forget to pay, there is a grace period that allows you to recover your rights by paying later (paying double the amount) within 6 months from the date of registration. Timely pension payment management is important in practice.
Content of rights (scope of exclusive right): The exclusive right granted to the right holder for a registered design is a right that can exclusively prohibit the unauthorized commercial exploitation of the registered design and designs that are identical or similar to it. Here, "working" refers to the act of manufacturing, using, selling, offering for sale, importing the registered design (Article 11, Paragraph 1 of the Patent Law), and all acts of commercializing and distributing the right holder's design for commercial purposes fall within the scope of exclusive rights. Therefore, a design right holder can request an injunction not only against copies of the same design made by others, but also against products with designs that are similar to the extent that their appearance is similar. However, design rights only protect designs that are visually substantially identical or similar to the registered design. It does not restrict the creation of a design with a completely different impression by another person, and the technical scope (scope of rights) of a design right is determined by the specific shape shown in the drawing. In determining the scope of rights, the standard is to look at the product as a whole from the perspective of an ordinary consumer, and to determine whether the products are similar enough to cause confusion among consumers. In addition, related designs registered under the related design system can continue to exist as mutually independent rights even if the scope of similarity overlaps with the main design. However,the term of duration of the related design is the same as the main design, and when the main design right expires, the related design right also expires at the same time.
In addition, the Patent Act stipulates that rights to inventions, utility models, and designs can be exercised from the date of public announcement, and in the case of designs, exclusive rights arise as soon as the registration is announced. You cannot exercise your rights before that time (while it is under review). Additionally, Taiwan has adopted the principle of international exhaustion, and for products that have been legally sold outside of Taiwan by the right holder or a person who has obtained permission, importing and selling such products into Taiwan may not constitute infringement of design rights (Case law tends to recognize international exhaustion of rights in patent rights, etc.). This point is a matter that should be kept in mind in practice, as it affects whether parallel imports are possible. Generally speaking, design rights in Taiwan exclude the distribution of counterfeit product designs and guarantee the right holder exclusive rights to use the design.
In Taiwan, not only the parties involved in the infringement but also any person can request an invalidation trial against a registered design. Invalidation trial (design patent invalidation trial) is a procedure carried out before the trial department of the Japan Patent Office (Intellectual Property Bureau, Ministry of Economic Affairs) to request cancellation of registration when there are grounds for invalidation of a registered design (grounds specified in each item of Article 141 of the Patent Law). A typical example of a ground for invalidation is that the registration requirements were not met. For example, if a registered design lacks novelty or is not easy to create, or if it violates public order and morals or has a purely functional shape that is not allowed under patent law, this will be a ground for invalidation. In addition, formal flaws such as cases in which multiple designs were registered without being properly divided even though they should have been filed in one application at the time of filing, and insufficient disclosure of drawings and specifications (main parts of the design are not sufficiently disclosed) can also be grounds for invalidation. Furthermore, if an application is filed by plagiarizing another person's design (an application by someone who is not the true right holder), interested parties may be able to claim invalidity.
A requester for an invalidation trial must submit evidence (publications, photographs or drawings of prior designs, etc.) that supports the reasons for invalidation. The hearing is basically a written hearing, but opinions from the parties may be heard if necessary. As a result of the trial, if it is found that there are grounds for invalidation, the design registration will be cancelled and the registration will be invalidated retroactively to the first day (it will be deemed that the registration never existed from the beginning). Conversely, if no grounds for invalidity are found, a decision will be made to maintain the application. If there is a dissatisfaction with the trial decision, both the claimant and right holder can file a lawsuit (administrative lawsuit) with the intellectual property court.
Under the Patent Law, there is no time limit on filing a request for invalidation, and a request can be made at any time during the term of the design right (no request can be made after the right expires). However, even after a design right has expired, there are some practical practices that allow invalidity claims (defenses) in lawsuits for damages due to infringement during the term of the design right, and even if the right has already expired, there may be an issue as to whether or not there are grounds for invalidation. As a means of defense on the part of the right holder, it is also possible to submit arequest for correction in response to a request for invalidation trial. A request for correction is a procedure to reduce or limit a part of the drawings or description of a design registration, and is carried out for the purpose of resolving the reasons for invalidity. In Taiwan, as with patents (inventions), it is permitted to request a trial for correction while the trial is ongoing to limit the rights and avoid invalidation. However, corrections cannot extend the scope of rights or add new matters, and are limited to a limited range such as minor corrections to drawings and correction of typographical errors. Even if the correction is approved and the rights are maintained, the rights will be exercised based on the corrected drawings.
As described above, Taiwan's design invalidation system provides a means for third parties to fairly challenge the validity of rights and allows for the removal of defective registrations. For a design that has been declared invalid, if the reason for this is the existence of a previous application, there is a remedy for the true right holder to file a new application (for example, if the design is invalidated because it was previously filed by someone else, the genuine creator can file a new application within two months after the design is invalidated). The invalidation trial system plays an important role from the perspective of balancing rights stability and public interest.
Definition of Infringement: Infringement of Taiwanese design rights refers to the act of commercially exploiting a registered design or a design similar to it without the permission of the right holder. Specifically, this applies to acts such as manufacturing, using, selling, importing/exporting, and offering to sell products incorporating registered designs (Articles 11 and 142 of the Patent Law). In the case of a design, "implementation" mainly refers to the manufacture and sale of a product, and the act of using the design itself is at issue. Infringement will occur if someone else's product is identical in its entirety or gives almost the same visual impression as your registered design. However, it is understood that rather than a slight resemblance, the resemblance must be sufficient to cause misunderstanding and confusion among consumers. Taiwan's patent law itself does not specify the criteria for determining design infringement in detail, but in practice, similarity is determined using a method similar to the "General Visual Impression Test by an Ordinary Observer" in the United States and the EU. Court precedents also state that the appearance of the suspect product and the registered design should be compared through ``overall observation and comprehensive judgment'' to determine whether they are the same or similar from an ordinary consumer's perspective. Therefore, even if some details differ, if the common design elements are unique features that are not common in this industry, and the overall impression is similar, it may be recognized as infringement. On the other hand, if existing designs share only common elements that are widely seen, it is unlikely that slight similarities will be recognized as infringement. In this way, infringement judgments in Taiwan are made based on similarities in overall aesthetics, just as in Japan.
Remedies: If a design right is infringed, the right holder can seek redress through civil and administrative means. First, ascivil remedies, you can seekinjunction andclaim for damages based on the Taiwanese Civil Code and Patent Law. An injunction request is a request to stop infringing acts or prohibit future infringements, and in some cases, a warning is sent to the infringer by certified mail before filing a lawsuit. Furthermore, in addition to finished products, preparatory acts for infringement (such as storing inventory or transferring parts) can also be subject to injunctions. A claim for damages requires the infringer to compensate the infringer for the amount of damages suffered as a result of the infringement. The method for calculating damages is stipulated in Article 97 of the Patent Law, and typically a claim is made by proving either (1)the profits lost by the right holder (lost profits),(2)the amount of profits earned by the infringer, or(3)a reasonable amount of royalties. In the case of intentional infringement, a provision has also been added that orders compensation of 1 to 3 times the certified amount as punitive damages (revised in 2013). Additionally, you can ask the court to destroy** or seize the infringing products and their manufacturing equipment. These claims will be made by the right holder in civil litigation (jurisdiction of the Intellectual Property Court).
Criminal measures: Taiwan used to provide criminal penalties (fines and imprisonment) for infringement of patents and design rights, but as of March 31, 2003, criminal liability for infringement of patents (inventions and utility models) and design rights has been abolished. Currently, infringement of design rights is treated as a civil tort and cannot be sanctioned through criminal prosecution. Please note that this point differs from Japan (infringement of design rights is subject to criminal penalties without filing a complaint). However, if it violates other laws such as malicious trade secret infringement or trademark infringement, criminal liability may be held separately, but pure design imitation is not subject to criminal punishment.
Administrative measures: Although rare,border measures at customs based on the Customs Act are now possible for patents and designs in the same way as trademarks (revised in 2014). This is a system that allows customs to stop the import and export of goods suspected of infringing, and if the design right holder files a petition with customs with evidence, the import of infringing goods can be stopped. This system was introduced in conjunction with invention patents, and can be used as a means of exercising rights.
In light of the above, infringement of design rights in Taiwan will be fought primarily through civil means, with two pillars: prevention of infringement through injunctions and compensation through compensation for damages. Generally, the rights holder first issues a warning to the infringer and urges the infringer to voluntarily stop the infringement or reach a settlement; however, if the infringer does not comply, the right holder promptly files a lawsuit with the intellectual property court and considers applying for a provisional disposition (preliminary injunction). Taiwan's Intellectual Property Court is a court specializing in intellectual property, and its proceedings are relatively quick. In infringement lawsuits, the defendant usually makes an invalidation claim (objection to the validity of the registered design), but if an invalidation trial is filed separately, it will be heard in parallel with the lawsuit. After obtaining a judgment in favor of the case, compulsory enforcement proceedings will proceed, and the infringing products will be destroyed and the injunction will be implemented. Overall, Taiwan's system for enforcing design rights is similar to that in Japan, making it easy to take legal action against counterfeit products.
Participation status in the Hague Agreement: Taiwan (Republic of China) is not currently a party to the Hague Agreement, which is an international design registration system. Therefore, it is not possible to designate Taiwan and obtain a design right through a Hague international application, and if you wish to seek design protection in Taiwan, you mustfile directly in Taiwan. This is a similar situation to Hong Kong and Macau, and it should be noted that the international design application route cannot be used. Furthermore, although Taiwan is not a member of the Locarno Agreement regarding design classification, in practice it has adopted the **Locarno Classification (International Design Classification)**. Application documents also have a section to write the class/subclass of the Locarno classification, and examinations and management are conducted in accordance with international standards. However, as it is not a member of the agreement, there is no formal binding force on the revision of the Locarno classification, but in practice it is operated in accordance with the latest international classification.
Relationship with foreign applications: As mentioned above, Taiwan is not a member of the Paris Convention, but as a member of the WTO, it operates a priority system through the TRIPS Agreement. In other words, if you file a design application with Taiwan within six months based on an earlier application filed in a country that mutually recognizes priority rights with Taiwan (a country independently recognized by Taiwan) or a WTO member country, you will be granted priority rights pursuant to the Paris Convention. Major countries including Japan are WTO member countries, so in practice they can receive the same treatment as Paris priority. Additionally, Taiwan has an independent intellectual property system from China (Mainland), and there is no priority relationship between them. Designs registered in mainland China are not valid in Taiwan, so a separate Taiwan application is required to cover the Taiwanese market (and vice versa). If a Taiwanese company wishes to protect a design in China, it must also file an application with the China National Intellectual Property Office. Please note that in the context of the so-called "one country, two systems," mainland China, Hong Kong, Macau, and Taiwan each have their own design systems.
In terms of international cooperation, the Taiwan Intellectual Property Office (TIPO) has agreements such as the Prosecution Highway (PPH) and electronic exchange of priority documents with patent offices of various countries, and Electronic exchange of priority documents has also been implemented with Japan. As a result, when claiming priority in Taiwan based on a Japanese application, the submission of a certificate will be simplified by using the JPO access code. Taiwan also participates in the Examination Highway, which promotes mutual use of examination results, and operates the accelerated design examination system (PPH) with multiple countries including Japan, the United States, and South Korea. For example, for a design registered in Japan, it is possible to request an accelerated examination in Taiwan and obtain registration quickly (if the requirements are met, the time required for First Action will be shortened to several months).
In summary, it should be noted that direct application is the only route for design applications to Taiwan, and the international registration system cannot be used. If you wish to obtain rights in Taiwan for a design filed in another country, it is recommended that you file the application in Taiwan within the 6-month priority period. Although Japan is not a member of the Hague Agreement, cooperation with other countries is progressing in practice, creating an environment that is relatively easy for Japanese companies to complete procedures. It is important for companies looking to expand into the Taiwanese market to consider filing a Taiwanese design application as early as possible and work with a local agent to obtain the rights.
[References/information sources]
Taiwan Patent Law (Republic of China Patent Law) and its enforcement regulations
Taiwan Ministry of Economic Affairs Intellectual Property Office (TIPO) Official Website
Tai E International Patent Law Office “Determination of infringement of design rights in Taiwan” (April 2025)
JETRO “Intellectual Property Rights System in Taiwan” (Last updated in 2023)
Japan Patent Office/Emerging Countries Intellectual Property Information Data Bank “Taiwan Design System Overview/Counterfeiting Manual” (2021)
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).