Under Article 32 of the Taiwanese Patent Act, a patent applicant is allowed to file an invention patent application and a utility model patent application for the same creation(s) on the same date. Since the Taiwan Intellectual Property Office only conducts formality review for a utility model patent application1), the applicant can protect the creation(s) first with a utility model patent, which can be granted quickly, while the invention patent application is still under substantive examination. Once the invention patent application is approved after substantive examination, the applicant can then select the invention patent to enjoy continuous protection2).

The applicant can obtain a patent right quickly and maximize the patent term by using the regulations of continuous protection (utility model patent first and then invention patent) at the expense of the maintenance fees for one patent.

To enjoy continuous protection, the following requirements must be met:

1. The invention patent application and utility model patent application for the same creation(s) shall be filed on the same date.
2. The applicant must declare the existence of the other application at the time of filing an invention patent application and a utility model patent application.
3. The applicant of the invention patent application must be kept exactly the same as that of the utility model patent application before the invention patent is allowed and published.
4. The applicant must maintain the validity of the utility model patent until the publication date of the invention patent.