In Taiwan, there are three kinds of patents including invention patent, utility model patent, and design patent, as stipulated by the Patent Act. A design patent refers to the visual appearance of a creation made by the whole or part of a product or an article’s shape, pattern, color, or a combination thereof. It may be computer-generated icons and graphical user interfaces. For a Taiwan design application, after filing all the required documents, the TIPO will conduct a substantive examination, including prior art searches, and grant a design patent if the design application has met the patent requirements of novelty, creativeness, and industrial applicability. In 2024, the TIPO launched its own AI-powered image search tool for trademark searches. Now, another “Image Search” function (beta version) for design patents has been introduced, allowing users to quickly search by image for design patents published in Taiwan since 2013. Taiwan design applications are published only after they are allowed and granted patents. Per the prevailing Patent Act, the patent term of a design patent is 15 years from the filing date. Therefore, the published design patents that could be image-searched by the new tool are design applications filed after 1998.
The above design image search can be accessed through TIPO’s Industrial Patent Knowledge Platform (https://cloud.tipo.gov.tw/S400/patent/search/image). After uploading an image, the system will automatically identify the image and search for similar or identical images. Users can also search for selected parts of an image by cropping it and uploading to the search tool. Aside from searching by image, users can also include the International Industrial Design Classification (LOC) number in their search. By combining image and classification searches, the platform can quickly identify design cases in specific fields. The recommended image dimension is at least 242px * 242px. The file size is limited to 5MB, and the file format can be PNG, JPEG, JPG, or GIF.
Traditional patent searches often rely on text matches via patent titles or relevant keywords, international classifications (IPC or LOC), patent/publication numbers and dates. However, unlike invention and utility patents, design patents and trademarks are primarily based on images. In the era of computer graphics, the use of intelligent images for search and comparison has become a global IP trend. Normally, in addition to image searches, multiple filters such as classification and keywords should still be combined to obtain more accurate results. However, the convenient use of AI tool for image searches is not just for the Examiners to improve the efficiency of prior art searches during the examination process. It allows Applicants to quickly check whether similar designs by others have already been patented, thereby avoiding infringement risks. The image search platform is also helpful for Applicants to analyze market trends at the early stages of product development and adjust R&D innovation and patent filing strategies.
For a Taiwan design application, both the specifications and drawings must be submitted at the time of filing. If a design patent is granted after examination, the scope of the design patent right shall be determined by the content disclosed in the drawings, and the specification serves as a reference for understanding the scope of protection claimed by the drawings. The design specification shall contain the title of design, the purpose of article, and the description of design. The drawings can be a perspective view (for a three-dimensional design), six-sided views (front, back, left, right, top, and bottom), plan view, element view, or other auxiliary views. Currently, Taiwan adopts the principle of one design per application. If the same applicant has two or more similar designs, a design application and derivative application(s) shall be filed. To align with the international practice, the TIPO has already drafted the amendments of Patent Act which would allow multiple designs in a single design application in the future.
