anyone invents or creates a new article or a new method which can be
reproduced, reprocessed, or in other words, can be put into industrial
use, a patent application can be filed to protect the inventor's or
creator's legal rights. If, after examination, the invention or creation
has satisfied the provisions in the Patent Law, an exclusive right of the
invention or creation will be granted. The exclusive right is a right to
preclude other persons from manufacturing, selling, using or importing for
such purposes, the patented articles without the patent right owner's
consent, or to preclude others from using such manufacturing process and
using, selling or importing for such purposes, the articles made through
direct use of the said manufacturing process without the patent right
owner's consent. Such an exclusive right is called a patent right.
individual or company making a new development or breakthrough in any area
of technology should consider filing a patent application. If the new
development is patent-able, and the cost of a patent application can be
justified by the marketing advantage, which is gained by having a patent,
then application should be filed.
Each country has its own regulations regarding categories of patents. The Patent Law of Taiwan recognizes three categories of patents: Invention, Utility Model, and New Design Patents. A creation, for example ¡§optical method for image capturing¡¨ can be filed for an Invention Patent if it refers to a high level technical creation, which has been completed through the utilization of natural laws. A creation, for example, ¡§a new shutter device for cameras¡¨ can be filed for a New Utility Model Patent if it refers to a creation or an improvement, which has been made in respect of the form, construction or fixture of an object. A creation, for example, ¡§a streamline camera body¡¨, can be filed for a New Design Patent if it refers to a novel creation made in respect of the shape, pattern, color, or configuration of an object.