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Taiwan Region Draft Design Patent Reform: Standalone GUI Protection, 12-Month Grace Period

A flat editorial illustration: a design-patent drawing with a device screen at the centre, the screen showing an abstract graphical interface outline drawn in dashed and solid design-patent lines, with a pencil beside it; neutral background; no text, numbers, logos, brand names or maps.

The Taiwan region may be in for a significant overhaul of its design patent rules — but for now it is only a draft. On 22 October 2026, the Executive Yuan approved a draft amendment to parts of the Patent Act, centred on design patents: broader subject matter, simpler filing and a longer grace period. Note the status — it is a draft that still needs to pass the legislature before taking effect, so you cannot yet arrange disclosures and filings around the new rules.

The headline change relaxes the requirement that a design be applied to an 'article' (such as a display device): the draft would make clear that 'computer-generated images' and 'graphical user interfaces' (GUIs) can be the subject of a design patent in their own right, reflecting the spread of virtual reality, augmented reality and other digital-technology design. That bears directly on how interfaces and digital products are protected.

Second, drawing on the Hague Agreement and EU and US practice, the draft relaxes the current 'one design, one application' rule, allowing 'two or more similar designs in a single application' — matching the industry habit of guarding against copycats with several close variants, and simplifying the process.

Third, the novelty grace period for designs would be extended from the current 6 months to 12 months, in line with international norms: after publicly releasing or displaying a product, an applicant would still have a chance not to lose novelty or creativity over that disclosure. Again, though — the 12 months is only proposed; until it is in force, do not plan product disclosures and filings around it.

Two further conveniences: a divisional application could be filed within 3 months after the approval decision is served, giving applicants more time for flexible design-patent planning; and, for private-law disputes over patent ownership (arising in contracting, impersonated filings or funded commissioned R&D), parties who reach an agreement could apply to change the named patentee.

J&C recommends that businesses with design portfolios in the Taiwan region — especially in GUIs, interfaces and families of close variants — map their pipeline and plan ahead now, but do not jump the gun on a draft — weigh the room that 'combined similar designs' and 'standalone GUI protection' could open up, and how a future '12-month grace period' might change disclosure timing. Until it is in force, keep operating under the current 6-month grace period and the existing rules, and track the legislature's progress.

Source: www.tipo.gov.tw | www.tipo.gov.tw

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