A patent is an intellectual property right which is examined and granted by the competent authority (e.g., Patent Office) to an inventor, a utility model creator, or a designer “to exclude others from exploiting the creation without the patentee’s consent” for a limited time period in exchange for public disclosure of the creation when the patent is granted. Patent granting is based on Territoriality Principle, and also First-to File Principle.
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Invention |
Utility Model |
Design |
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Definition |
Solution to a specific technological problem and is a product or a process. |
Solution to a specific technological problem and is a product. |
Creation made in respect of shapes, patterns, colors, or any combination thereof, of an article as a whole or in part by visual appeal. A design patent application may also be filed for computer generated icons (Icons) and graphic user interface (GUI) applied to an article. |
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Subject matter |
Technical ideas relating to the shape or structure of an article or combination of articles which occupies certain space, utilizing the laws of nature. Manufacturing method, processing method, using method, chemical substance or compound |
Creation on product only. Any method without concrete shape or structure does not meet the definition of utility model. |
Shapes, patterns, colors, or any combination thereof of an article |
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Examination |
“Request for Substantive Examination” shall be submitted within 3 years from filing date; otherwise the application is deemed to have been withdrawn. |
No substantive examination is conducted |
Substantive examination is conducted automatically |
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Time frame for examination |
18-24 months |
4-6 months |
10-12 months |
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Effective date of right |
Effective as post-grant publication date |
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Duration |
20 years from filing date |
10 years from filing date |
15 years from filing date |
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Maintenance |
Maintenance fee shall be paid annually from post-grant publication date 6-month grace period is subject to extra fees |
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Flowchart |
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