Taiwan invention patent vs utility modelhow foreign applicants should choose
Taiwan invention patents and utility models protect different things. An invention patent can cover products, methods, processes, materials, formulations and software-based control, and is granted only after substantive examination. A utility model is limited to the shape, structure or combination of an article; it is registered after formality examination only, so it issues faster but its validity has not been fully examined. Invention terms run up to 20 years from filing; utility models up to 10 years. Choose by what your innovation actually is, not only by speed.
Invention vs utility model vs design patent
| Type | Examination | Term | Typical use |
|---|---|---|---|
| Invention | Substantive examination (request within 3 years of filing) | 20 years from filing | Technical inventions and methods |
| Utility model | Formality examination only (registration-based) | 10 years from filing | Product shape or structure; faster registration |
| Design | Examination of the design | 15 years from filing | Product appearance and ornamental design |
How the two differ in practice
Both terms run from the filing date. Patent rights take effect from the date the grant is published, not from filing.
| Invention patent | Utility model | |
|---|---|---|
| Subject matter | Products, methods, processes, materials, formulations, software-based control and other technical creations | The shape, structure or combination of an article |
| Examination | The applicant must request substantive examination; an examiner searches and examines patentability | Formality examination only; novelty and inventive step are not fully assessed at filing |
| Time to grant | Usually longer; the application may go through office actions and responses | Usually faster, but substantive validity has not been fully examined |
| Term | Up to 20 years from the filing date | Up to 10 years from the filing date |
| Cost | Usually higher, including examination and response costs | Usually lower up front, but evaluating or enforcing the right may require a technical evaluation report |
| Stability | Substantively examined before grant, though it can still be invalidated later | Granted without substantive examination; validity should be checked before enforcement |
Why the technical evaluation report matters for utility models
A utility model technical evaluation report compares each claim against prior art for novelty and inventive step. It is a comparison, not a re-grant, and an unfavorable report does not revoke the utility model. Under Article 116 of the Taiwan Patent Act, a utility model holder may not issue a warning without presenting the technical evaluation report.
Can I file both on the same day?
Taiwan allows the same applicant to file an invention application and a utility model application for the same creation on the same day, with a declaration in each. The utility model usually issues first; if the invention is later found allowable, TIPO asks the applicant to choose one within a set period. If the invention is chosen, the utility model right extinguishes on the date the invention patent is published.
This only works for creations that qualify as both. Methods, materials, formulations or pure software cannot be repackaged as a utility model for speed, and drafting, fees and management are doubled.
Three common examples
- Mechanical: a quick-change tool holder whose novelty is in the latch, spring and mount relationship can be evaluated for a utility model, and may also qualify as an invention.
- Material or formulation: a new heat-resistant coating composition can be evaluated as an invention; a material or formulation is not the shape, structure or combination of an article, so it usually cannot be a utility model.
- Software control: adjusting motor speed from sensor data can be evaluated as an invention if the data acquisition, decision logic and device control are concretely described. Pure software cannot be a utility model; a distinctive mechanism in the same product can be considered separately.
How WISECODE helps
- Direct Taiwan filing under Paris Convention priority
- Technical translation from English/Japanese into Traditional Chinese, with claim-scope review
- Patent-type strategy: invention, utility model or design
- Substantive examination and office-action responses
- Annuity, recordal and portfolio management
- China patent filing and China patent FTO through our established China partner (qualified PRC patent agent on our team)
- Coordination with overseas associates, fixed-fee, English / Japanese reporting
Related guides
Frequently asked questions
Is a Taiwan utility model enforceable?
Yes, but before issuing a warning the holder must present a utility model technical evaluation report (Patent Act Article 116), and validity and infringement still need to be assessed.
How long does a Taiwan utility model last?
10 years from filing.
Can software be protected by a Taiwan utility model?
No. Pure software is not the shape, structure or combination of an article. Software-based technical solutions can be evaluated as invention patents.
Should a foreign applicant file both?
It can make sense when the creation qualifies as both and you need early rights plus long-term stability, but it doubles drafting, fees and management.
Discuss a Taiwan patent filing
Tell us about your invention and priority position and we will return a filing plan and a fixed-fee quote, including translation.
Helpful to include:
- Technology field and a brief description
- Priority application and filing date (if any)
- Whether a Chinese translation already exists
- Desired patent type and any deadlines
Last updated: October 2026