08.18.2025
Introduction to Unity Requirement for Design Patents in Taiwan
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I. Preamble
Regulations for design patent applications vary from country to country. For example, in the United States, multiple embodiments of the same design concept, or slightly modified designs, can be filed as one design application, and in the European Union, multiple designs can be claimed in a single application.
However, in Taiwan, strict unity requirements apply and thus a design patent application can only cover a single design or embodiment. Therefore, this article briefly introduces the relevant regulations for design patents in Taiwan.
II. Relevant Provisions
The unity provisions for designs are set forth in Article 129 of the Taiwan Patent Act. Specifically, Article 129, Paragraph 1 of the Patent Act regulates that an application for a design patent shall relate to one design, which is the so-called “one design for one application” principle.
In addition, the Examination Guidelines of the Taiwan Intellectual Property Office also stipulate that in each design patent application, a single appearance disclosed in the specification and drawings is applied to a single object, which is called “one design for one application.” The “single object” refers to an independent design creation that has a specific function and purpose. The “single appearance” refers to the creation of a design patent application with a specific shape, pattern, color or combination thereof. However, under the principle of “a single appearance applied to a single object,” the following examples both comply with the principle of “one design for one application” and can be filed as one design application:
(2) Set Designs
Two or more objects that belong to the same classification category and are customarily sold or used as a set can be filed as one design application. For example, the following figures show a design application for a coaster set[2].
Since the individual coasters can be combined to visually present a snake pattern, and matching coasters are usually sold in sets, the coaster set in this example can be filed as one design application. In the exercise of rights, set designs can only be regarded as a whole design, and the rights cannot be exercised separately for single or multiple components of the set.
III. Recommendations for Design Applications that Violate the Unity Requirement
As mentioned in the preamble, although many countries allow multiple designs or multiple embodiments to be combined into one design patent application, such design applications do not meet the unity requirement stipulated in the Taiwan Patent Act.
Depending on the specific content of a design application, applicants can apply for multiple designs separately while still claiming priority of foreign design applications to comply with the “one design for one application” principle. In addition, in view of particular strategies for manufacturing and sale of products or budget considerations, applicants can also consider filing a single application for multiple designs first and may further evaluate which design should be pursued in Taiwan during examination. Applicants may rely on the following two approaches to ensure unity of design applications.
(1) Filing Divisional Applications
If a design patent application comprises two or more designs, the applicant may divide the application into several divisional applications to overcome the unity issue. Since the filing date of a divisional application is the same as the filing date of the original application, the description or drawings of the divisional application after division shall not exceed the scope disclosed in the description or drawings of the original application at the time of filing.
(2) Conversion to Derivative Design Patents
If a design patent application contains two or more similar designs, one of the designs should be selected as the original design application, and the remaining similar designs should be divided and converted to derivative design applications. To determine whether a design meets the requirements for conversion, the derivative design applied for by the same applicant is compared with the design of the original design patent application, and whether the derivative design application is similar to the original design application is determined based on the following three considerations:
IV. Conclusion
Although the Taiwan Patent Act strictly requires unity of design patent applications, application strategies relying on divisional applications and derivative designs may ensure that applicants can successfully obtain suitable and comprehensive design patent protection in Taiwan. Furthermore, the Taiwan Intellectual Property Office recently published a draft amendment to certain articles of the Patent Act[3], which incorporates a provision that “multiple similar designs can be filed in one design application” based on international trends in the European Union and the United States as well as relevant regulations in the Hague Agreement. The draft amendment also relaxes the restrictions on filing divisional applications based on allowed design patent applications and thus would further facilitate the application and examination process for design patents in Taiwan. Our firm will continue to monitor the progress of the amendment to the Patent Act and share relevant information with our clients.
References:
[1] Page 3-1-11 of Chapter 3 of Part III of the Patent Examination Guidelines.
[2] Page 3-10-4 of Chapter 3 of Part III of the Patent Examination Guidelines.
[3] “Draft Amendments to Certain Articles of the Patent Law (Second Draft)”-Public Hearing Briefing Materials, published on April 16, 2025, https://www.tipo.gov.tw/tw/patents/1030-34492.html
Regulations for design patent applications vary from country to country. For example, in the United States, multiple embodiments of the same design concept, or slightly modified designs, can be filed as one design application, and in the European Union, multiple designs can be claimed in a single application.
However, in Taiwan, strict unity requirements apply and thus a design patent application can only cover a single design or embodiment. Therefore, this article briefly introduces the relevant regulations for design patents in Taiwan.
II. Relevant Provisions
The unity provisions for designs are set forth in Article 129 of the Taiwan Patent Act. Specifically, Article 129, Paragraph 1 of the Patent Act regulates that an application for a design patent shall relate to one design, which is the so-called “one design for one application” principle.
In addition, the Examination Guidelines of the Taiwan Intellectual Property Office also stipulate that in each design patent application, a single appearance disclosed in the specification and drawings is applied to a single object, which is called “one design for one application.” The “single object” refers to an independent design creation that has a specific function and purpose. The “single appearance” refers to the creation of a design patent application with a specific shape, pattern, color or combination thereof. However, under the principle of “a single appearance applied to a single object,” the following examples both comply with the principle of “one design for one application” and can be filed as one design application:
(1) Designs with Varying Appearances
Although a design usually has only one specific appearance, if the appearance varies due to inherent characteristics, for example changes in material characteristics, functional adjustments or usage status of the object, as long as such changes in appearance are part of the design and a person ordinarily skilled in the art can understand the design content, the design should be considered to comply with the unity requirement. In the following example[1], the USB may undergo multiple specific changes in appearance during use, and each change in appearance is part of the design and can be considered as belonging to a single design and thus the design may be filed in one application. When applying for a design with varying appearances, applicants can only exercise the rights for the design as a whole but not for single or multiple appearances or components.
Although a design usually has only one specific appearance, if the appearance varies due to inherent characteristics, for example changes in material characteristics, functional adjustments or usage status of the object, as long as such changes in appearance are part of the design and a person ordinarily skilled in the art can understand the design content, the design should be considered to comply with the unity requirement. In the following example[1], the USB may undergo multiple specific changes in appearance during use, and each change in appearance is part of the design and can be considered as belonging to a single design and thus the design may be filed in one application. When applying for a design with varying appearances, applicants can only exercise the rights for the design as a whole but not for single or multiple appearances or components.
(2) Set Designs
Two or more objects that belong to the same classification category and are customarily sold or used as a set can be filed as one design application. For example, the following figures show a design application for a coaster set[2].
Since the individual coasters can be combined to visually present a snake pattern, and matching coasters are usually sold in sets, the coaster set in this example can be filed as one design application. In the exercise of rights, set designs can only be regarded as a whole design, and the rights cannot be exercised separately for single or multiple components of the set.
III. Recommendations for Design Applications that Violate the Unity Requirement
As mentioned in the preamble, although many countries allow multiple designs or multiple embodiments to be combined into one design patent application, such design applications do not meet the unity requirement stipulated in the Taiwan Patent Act.
Depending on the specific content of a design application, applicants can apply for multiple designs separately while still claiming priority of foreign design applications to comply with the “one design for one application” principle. In addition, in view of particular strategies for manufacturing and sale of products or budget considerations, applicants can also consider filing a single application for multiple designs first and may further evaluate which design should be pursued in Taiwan during examination. Applicants may rely on the following two approaches to ensure unity of design applications.
(1) Filing Divisional Applications
If a design patent application comprises two or more designs, the applicant may divide the application into several divisional applications to overcome the unity issue. Since the filing date of a divisional application is the same as the filing date of the original application, the description or drawings of the divisional application after division shall not exceed the scope disclosed in the description or drawings of the original application at the time of filing.
(2) Conversion to Derivative Design Patents
If a design patent application contains two or more similar designs, one of the designs should be selected as the original design application, and the remaining similar designs should be divided and converted to derivative design applications. To determine whether a design meets the requirements for conversion, the derivative design applied for by the same applicant is compared with the design of the original design patent application, and whether the derivative design application is similar to the original design application is determined based on the following three considerations:
1. A similar appearance is applied to the same article,
2. The same appearance is applied to similar articles, and
3. A similar appearance is applied to similar articles.
2. The same appearance is applied to similar articles, and
3. A similar appearance is applied to similar articles.
IV. Conclusion
Although the Taiwan Patent Act strictly requires unity of design patent applications, application strategies relying on divisional applications and derivative designs may ensure that applicants can successfully obtain suitable and comprehensive design patent protection in Taiwan. Furthermore, the Taiwan Intellectual Property Office recently published a draft amendment to certain articles of the Patent Act[3], which incorporates a provision that “multiple similar designs can be filed in one design application” based on international trends in the European Union and the United States as well as relevant regulations in the Hague Agreement. The draft amendment also relaxes the restrictions on filing divisional applications based on allowed design patent applications and thus would further facilitate the application and examination process for design patents in Taiwan. Our firm will continue to monitor the progress of the amendment to the Patent Act and share relevant information with our clients.
References:
[1] Page 3-1-11 of Chapter 3 of Part III of the Patent Examination Guidelines.
[2] Page 3-10-4 of Chapter 3 of Part III of the Patent Examination Guidelines.
[3] “Draft Amendments to Certain Articles of the Patent Law (Second Draft)”-Public Hearing Briefing Materials, published on April 16, 2025, https://www.tipo.gov.tw/tw/patents/1030-34492.html
