18 January, 2018
According to Article 104 of the Patent Act, the subject matter of a Utility Model is directed to the creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature. If the Utility Model lacks any improvement of shape or structure of an article or combination of articles and only contains material variation, the material variation cannot be the basis of asserting the inventive step of Utility Model.
The IP Court held in its judgment in Shing-Zhuan-Su-Zi No. 106-15 that both the “bonding method” disclosed in Exhibit 2 and the “adhering method” of claim 1 of subject Utility Model were the measures for connecting; and that, although the material of “adhesive” might be different, such “adhesive” with conventional property would not change the shape or structure of an article or combination of articles. The court concluded that a comparison of such material feature was not necessary and such material could not be a basis of determining whether the subject patent had an inventive step.
For further information, please contact:
Joyce I. Ho, Partner, Tsar & Tsai Law Firm
joyeho@tsartsai.com.tw
