What is the utility model patent technical evaluation report?

Formality examination is used for the utility model patent; it does not give corporeal examination for conformity with patentability, which may lead to considerable instability and uncertainty for the content of utility parent rights. In the case that a utility model patentee takes advantage of the uncertain rights and misuses them, it may result in abuse of the rights and greatly harm third parties in their technical use and development. Hence, there is a utility model patent technical evaluation report system. According to Article 115-1 of the Patent Act, the utility model patent technical evaluation report is available for anyone who applies for it to the patent authority, so as to confirm if their utility model patent meets the patentability requirements. Nevertheless, as the utility model patent technical evaluation report is not a law-binding document, instead of an administrative disposition, it is only used as the reference for the exercise of the rights or technical utilization. Anyone who considers a utility model patent not qualified for approval shall file for patent invalidation according to Article 119 of the Patent Act, before revoking the utility model patent rights in question.