Patent maintaining and premature expiration of utility models in Taiwan

• Sample of 960 utility models of Taiwan studied by IPC section.
• Maintenance and expiry data analyzed.
• Despite 10 year term available, the average expiry date is after only 3–3.5 years.
• IPC Sections A and E utility models are maintained for a relatively shorter period.
• IPC Sections C and H utility models are maintained for a relatively longer period.

The most commonly seen patents are invention patents, utility models and design patents. Among them, utility models are the most controversial type. The purpose of utility models is to quickly protect creations of lower technological levels or with a shorter life cycle. Nonetheless, the most optimal length of the term of utility models remains an open question. Utility models in Taiwan are the focus of this study, and International Patent Classification (IPC) was used here for the random sampling of the utility models. The investigators discussed the granting of the utility model and the expiring of utility models prematurely in Taiwan over the past ten years (2003–2012). The results suggest that compared to other sections, Section A (human necessities) and Section E (fixed constructions) of IPC have a shorter term of utility model maintaining. Aside from a higher expiration rate, their utility model terms are on average just over 3 years. As for the Section H (electricity) and Section C (chemistry, metallurgy), their utility model terms are slightly longer than those of other utility model sections and the number of renewed cases are also greater. In addition to a lower expiration rate, the utility model terms of these two sections are sometimes longer than five years. The study results can perhaps also be used as a reference by countries interested in introducing the utility model for determining the term of utility models.