Examining the sufficiency of disclosure requirement for design applications

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Examining the sufficiency of disclosure requirement for design applications

Image of engineer drawing a blue print design building or house, An engineer workplace with blueprints, pencil, protractor and safety helmet, Industry concept

As a drawing or photograph constitutes the entire visual disclosure of what is claimed in a design application, it must be clear and complete. In relation to this, according to the Enforcement Rules of Taiwan's Patent Act which were in place prior to January 1 2013, applicants were required to submit a drawing or photograph illustrating the perspective and six views (i.e. front view, left-side view, right-side view, bottom view, top view and rear view) of the claimed design.

It was when the Amendment to the Enforcement Rules took effect on January 1 2013 that the aforesaid formality prerequisite was relaxed. After the change, a drawing or photograph is considered adequate if it contains a sufficient number of views that constitute a complete disclosure of the appearance of the claimed design.

Lately, the Taiwan Intellectual Property Office (TIPO) has expressed some intent to revise the current patent examination benchmark, making it clear that aspects not illustrated in the drawing shall be deemed to be the non-claimed portions of an article and form no part of a claimed design. However, it does not mean that TIPO will significantly relax the sufficiency of disclosure requirement. That is to say, under the general principle that the outer appearance of a claimed design must be depicted in the drawing or photograph in its entirety, a design application will still be rejected if the drawing submitted contains only a perspective view and a plan view.

The rationale behind this rejection is that a drawing cannot constitute a complete disclosure of the appearance of a design if not all the content of an omitted view(s) can be directly regarded as the "non-claimed portion of the design", or if any of the claimed aesthetic features of the design are regarded as not having been clearly depicted in the submitted views, in terms of appearance and shape of the article.

Due to the attitude taken by TIPO towards the sufficiency of disclosure requirement, applicants are advised to always submit a drawing or photograph that contains the perspective and six plan views, if at all possible, so as to forestall any potential rejection.

tsai-mingchu.jpg

Ming-Chu Tsai

more from across site and SHARED ros bottom lb

More from across our site

Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
The managing partner gave up an equity partnership track in New York to build a practice in India. More than a decade later, she discusses entrepreneurship, leadership, and why women should not wait before taking the next step
Vice presidents Shinya Jitsuhiro and Hirohisa Suzuki discuss litigation trends in Japan, recruitment challenges and clients’ international expansion
IP boutique Petillion represented IKEA in the dispute, which concerned the use of the multinational’s trademarks in an immigration-focused campaign. The firm tells Managing IP how it secured the outcome
The Pizzeys-Griffith Hack integration was designed to create a stronger Australian IP platform but with several ex-Pizzeys principals now gone, the deal's success may depend on where clients place their trust
Thomas Lonsdale and Hsu Min Chung of HGF explore the practical impact of the EPO’s Enlarged Board of Appeal’s decision in G1/25 and its interplay with G1/24
Gift this article