In order to facilitate the application of the patent division application case to the original case including both invention patent and utility patent, and ensure the correctness of the case examination, TIPO (Taiwan Intellectual Property Office) has fine-tuned the patent split application form and application notes since May 1, 2018.
This amendment involves “one case including two applications”. The so-called “one case including two applications” refers to the same applicant applying for the same invention by applying for the invention patent and the utility patent on the same day. Because the utility patent only needs formal examination of patent, the patent rights will usually be obtained earlier. If TIPO does not discover the objection reasons at the substantive examination of the invention patent application, the application will be notified based on the principle that one invention does not entitle to repeat granting two patents. TIPO will notify the applicant either to choose to retain the utility patent that has been obtained within a limited period, or choose to obtain the patent right for the invention in the future.
If the applicant chooses the invention patent right, then TIPO will announce the grant of the invention patent right. At the same time, the utility patent right shall be extinguished from the date of the announcement of the invention patent. Because of the same creation, from the date of the utility patent right announcement to the date of publication of the invention patent right, it is protected by the utility patent right. From the date of publication of the patent right of the invention, it is protected by the invention patent right. The two patent rights do not overlap. Afterwards, it is called “one case including two applications”, and the patent right continuation system.