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

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

IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
Gift this article