Is Doraemon’s DoKoDeMo Door Patentable for Utility Model Patent? TIPO Is Studying to Propose Amendment to Patent Act to Authorize Dismissal of Applications on Prior Art Or Non-practicable Subject Matter.

In response to the call for speedy grant from the industry, TIPO adopted formality examination for utility model patent applications to expedite the grant procedure.  However, TIPO found that some local applicants had filed utility model patent applications on foreign prior art or non-practicable creation or idea by taking advantage of the formality examination procedure.  Formality examination means the examiner will do no prior art search nor any substantive examination but only an examination in form. 

 

Therefore, TIPO is studying to propose that TIPO be legally authorized with the discretionary power to withdraw the grant of utility model patent when the technical analysis report on the patent application effortlessly reveals the subject matter as being prior art or non-practicable, such as Doraemon’s DoKoDeMo Door.

 

However, in consideration of the rights and interests of the utility model patentee, TIPO is studying to propose that the patentee be accorded the opportunity to be heard before the technical analysis report becomes conclusive and irrevocable in part.  Also, to sustain patent quality and reliability, TIPO is studying to see if the supplement or amendment made to the specification during the course of the examination of the application that goes beyond the scope of the patent claim upon filing of the application should be addressed in the technical analysis report. 

 

According to TIPO, utility model patent applications have increased in number after adopting formality examination while the total number of requests for technical analysis reports accounts for only 7.2% of the total number of grants.  This shows Taiwanese businesses still like holding more patents better than holding good patents. (2006.07)

/EMA