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Basic Requirements

Q
Basic Requirements
What is “basic requirements” for utility model registration?
A

A utility model application is examined only for “basic requirements” and formality,
and is registered without substantive requirement.
Basic requirements (Utility Model Act Article 6-2) are:
(i) Subject of protection
Claim(s) must pertain to the shape or structure of an article or combination of articles (Article 3, Paragraph 1);
(ii) Public order and morality
Any device that is liable to injure public order, morality or public health shall not be granted (Article 4);
(iii) Formality of claims
Descriptive format of claim(s) should be in accordance with the relevant Ordinance of the Ministry (Article 5, Paragraph 6, Item (iv), Implementing Regulations of Utility Model Act Article 4);
Unity of claims must be fulfilled (Utility Model Act Article 6);
(iv) Quality of documents
Excessive deficiency in a description, claim(s) or drawing(s) is not allowed.

If an application does not fulfill basic requirements, an amendment order will be issued by the Commissioner.

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