您的瀏覽器不支援JavaScript功能,若網頁功能無法正常使用時,請開啟瀏覽器JavaScript狀態
跳到主要內容區塊
:::

英譯法規內容

法規名稱(Title) Enforcement Rules of the Patent Act Ch
公發布日(Date) 2019.09.27
法規沿革(Legislative) Enforcement Rules of the Patent Act
1. Announced on September 26, 1947; entered into force on January 1, 1949
2. Amended on August 16, 1958
3. Amended on August 22, 1973
4. Amended on October 2, 1981
5. Amended on April 18, 1986
6. Amended on July 10, 1987
7. Amended on October 3, 1994
8. Amended on November 6, 2002
9. Amended on April 7, 2004; effective on July 1, 2004
10. Amended on August 19, 2008
11. Amended on November 16, 2010
12. Amended on November 9, 2012; entered into force on January 1, 2013
13. Amended on November 6, 2014; entered into force on November 8, 2014
14. Amended on March 7, 2016; entered into force on March 9, 2016
15. Amended on June 29, 2016; entered into force on July 1, 2016
16. Amended on April 19, 2017; entered into force on May 1, 2017
17. Amended on September 27, 2019; entered into force on November 1, 2019
法規內文(Content)

Chapter 1 General Provisions

Article 1

These Enforcement Rules are formulated pursuant to Article 158 of the Patent Act

(hereinafter referred to as the Act).

 

Article 2

Any application to be filed pursuant to the Act and these Enforcement Rules shall,

except that to be filed by electronic means pursuant to Article 19 of the Act, be in

written form and shall be affixed with the signature or seal of the applicant, or the

signature or seal of the patent agent appointed by the applicant. The Specific Patent

Agency may, as it deems necessary, request the applicant to submit the document(s)

proving the identity of the natural or juristic person.

Any application to be filed in written form pursuant to the Act and these Enforcement

Rules shall use the written forms designated by the Specific Patent Agency; the

formats and number of copies thereof shall be prescribed by the Specific Patent

Agency.

 

Article 3

Where the Chinese translation of technical terminology has been made by the

National Academy for Educational Research, such official translation shall prevail.

However, in the absence of such official translation or as it deems necessary, the

Specific Patent Agency may request the applicant to annotate the Chinese terminology

with its original foreign version.

The document(s) for filing a patent application or other proceedings shall be in

Chinese. In case any document(s) of proof is written in a foreign language, the

Specific Patent Agency may, as it deems necessary, request the applicant to submit a

full-text Chinese translation or a Chinese translation of an excerpt thereof.

 

Article 4

Any document(s) of proof submitted pursuant to the Act and these Enforcement Rules

shall be the original or the certified copy thereof.

Upon making preliminary showing that the photocopy of the document(s) of proof is

identical to the original or the certified copy, except for the certified priority

document, the parties involved may submit the photocopy instead. However, where a

photocopy of the documentary evidence is submitted as evidence of invalidation, it

shall be proved to be identical to the original or the certified copy thereof.

When the original or the certified copy of the document(s) of proof has been verified

by the Specific Patent Agency, it may be returned to the applicant.

Article 5

Where a person files a patent application or taking other proceedings in connection

with patent matters in written form, the date of application and other proceedings shall

be the date on which the Specific Patent Agency receives the written document;

however, where the delivery thereof is made via post, the date of application and other

proceedings shall be the postmark date.

The date of application and other proceedings whose postmark date appears to be

ambiguous shall be the date of receipt by the Specific Patent Agency, unless otherwise

proved by the parties involved.

 

Article 6

With regard to the time period(s) specified by Specific Patent Agency pursuant to the

Act and these Enforcement Rules, an applicant may, prior to the expiration thereof,

make a request stating the reasons for the delay to the Specific Patent Agency for an

extension.

 

Article 7

Where a request is made for recordation of the change to the name, seal,

domicile/residence, or business establishment of the applicant, the document(s) of

proof shall accompany such request. This provision shall not apply where the change

thereto needs not be proved by document(s).

 

Article 8

Where a change of entitled applicant is requested due to a transfer of the right to apply

for patent, the request shall be submitted and accompanied by the following

documents:

1. in the event that the change of entitled applicant is due to an assignment, the deed

of assignment of the right to apply for patent or document(s) of proof of the

assignment; where the assignment is made due to amalgamation or acquisition of

companies, however, the document(s) of proof of the amalgamation or acquisition

should be submitted;

2. in the event that the change of entitled applicant is due to inheritance, the certificate

of death and the instrument of succession.

 

Article 9

Where the applicant designates an agent, the document specifying the extent of power

conferred upon the agent and the address to receive service shall be submitted to the

Specific Patent Agency.

Where agents for patent application and other proceedings are designated, the number

of agents shall not exceed three (3).

Where two or more agents are designated, each of them may act on behalf of the

applicant severally.

In the event that the designation violates the provision of the preceding paragraph, the

agent still may act on behalf of the applicant severally.

Where the power or agent is changed, unless a written notice is submitted to the

Specific Patent Agency, such change has no effect to the Specific Patent Agency.

Any change to the agent’s address shall be reported to the Specific Patent Agency.

 

Article 10

The agent may take any action within the extent of power conferred upon. However,

actions of designating or discharging an agent, withdrawing a patent application,

withdrawing a divisional patent application, withdrawing a converted patent

application, withdrawing a request for reexamination, withdrawing a request for

post-grant amendment, withdrawing an invalidation action, or abandoning a patent

right shall not be taken without being specially empowered.

 

Article 11

Where the application documents do not conform to statutory requirements but such

nonconformance may be remedied, the Specific Patent Agency shall notify the

applicant to complete the requirements within a specified time limit; where the

requirements are not completed within the specified time limit or are still incomplete,

the application shall be processed pursuant to Paragraph 1, Article 17 of the Act.

 

Article 12

When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request

form shall be submitted to the Specific Patent Agency stating the reasons for the delay

and the date of extinguishment of such delay, and accompanied by the document(s) of

proof.

 

Chapter 2 Application and Examination of Invention Patent

 

Article 13

Where the priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1,

Article 30 of the Act, the so-called “prior to the filing of the patent application” in

Article 22 of the Act, and the so-called “earlier-filed” in Article 23 of the Act shall

mean prior to the priority date.

The so-called “printed publication” in Article 22 of the Act shall mean documents or

other storage media carrying information that is open to the public.

The period of twelve (12) months in Paragraph 3, Article 22 of the Act is calculated

from the day following the occurrence of the facts prescribed under the same

paragraph to the filing date prescribed under Paragraph 2, Article 25 of the Act.

Where there are more than one of the facts prescribed under Paragraph 3, Article 22 of

the Act, the above-mentioned period shall be calculated from the day following the

occurrence of the first of these facts.

 

Article 14

The so-called “a person ordinarily skilled in the art” in Article 22, Article 26, and

Article 27 of the Act shall mean a person having general knowledge and ordinary skill

in the art of the invention at the time of filing.

In the preceding paragraph, the time of filing shall mean the priority date where

priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article 30 of

the Act.

 

Article 15

Where a person has obtained the right to apply for patent due to inheritance,

assignment, employment or capital contribution, with respect to the disclosure of the

invention made by the predecessor, assignor, employee or appointee prior to the filing,

the provisions of Paragraphs 3 and 4, Article 22 of the Act shall apply.

 

Article 16

When filing a patent application for invention, the application form shall specify the

following items:

1. title of invention;

2. name and nationality of the inventor;

3. name, nationality, and domicile/residence or business establishment of the

  applicant; name of the representative, if any ; and

4. name and business establishment of the agent, if an agent is designated.

Under any of the following circumstances, a statement shall be made at the time of

filing:

1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed;

2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed;

 and

3. where the declaration is made in respect of a patent application for invention and a

patent application for utility model filed for the same creation on the same date as

prescribed under Paragraph 1, Article 32 of the Act.

 

Article 17

When filing a patent application for invention, the description shall contain the

following items:

1. title of invention;

2. technical field;

3. background art: indicating the background art known to the applicant, where

 relevant materials reflecting such art may be submitted;

4. summary of invention: disclosing the problem(s) that the invention aims to solve

and its technical solution adopted to solve the problem(s); and stating any

advantageous effects of the invention with reference to the background art;

5. brief description of drawing(s): where the description is accompanied by

drawing(s), description of the drawing(s) shall be made in concise wording according

to the drawing sequence;

6. description of embodiments: describing at least one way of carrying out the

invention, using examples where appropriate and referring to the drawing(s), if any;

and

7. reference signs list: where the description is accompanied by drawing(s), major

reference signs of the drawing(s) shall be listed and illustrated according to the

drawing sequence or reference signs sequence.

The description shall be presented in the manner and order specified in each

subparagraph of the preceding paragraph, and each of the parts shall be preceded by a

heading; unless, owing to the nature of the invention, a different presentation would

result in a better understanding.

The paragraphs of the description may be numbered consecutively with four Arabic

numbers arranged in square brackets, so as to clearly identify each paragraph.

The title of invention should concisely state the contents of the claimed inventions,

where no irrelevant wording is allowed.

When a patent application for invention involves a biological material or utilization of

a biological material, where the biological material concerned has been deposited, the

description shall specify the depository, date of deposit and deposit number. In the

event that, prior to filing the patent application, the biological material concerned has

been deposited in a foreign depository recognized by the Specific Patent Agency, the

description shall also specify the foreign depository, date of deposit and deposit

number.

Where a patent application for invention contains disclosure of one or more

nucleotides and/or amino acids sequence, a sequence listing complying with the

standard provided by the Specific Patent Agency shall be submitted as a separate part

of the description, in addition thereto, a copy of the said sequence listing in

computer-readable form may be submitted.

 

Article 18

The claim(s) of an invention may be presented in more than one independent claim;

the number of claim(s) shall be consistent with the disclosure of the invention; when

necessary, the claim(s) may contain more than one dependent claim. The independent

claim(s) and the dependent claim(s) shall be consecutively arranged in Arabic

numerical sequence according to their dependent relations.

An independent claim shall state the designation of the subject matter as claimed and

the essential technical features of the invention that the applicant regards as his/her

invention.

A dependent claim shall state the Arabic number(s) of the claim(s) on which it

depends, the designation of the subject matter and the technical features other than

those in the claim(s) on which it depends; whenever an interpretation of a dependent

claim is made, it shall contain all the technical features of the claim(s) on which the

dependent claim depends.

A dependent claim depending on two or more claims shall be referred to as a multiple

dependent claim and shall be presented in alternative.

A dependent claim may only depend on the preceding dependent or independent

claim(s). However, direct or indirect dependence is not allowed among multiple

dependent claims.

An independent or a dependent claim shall be written in a single sentence.

 

Article 19

Unless absolutely necessary, the technical features of all the claim(s) may not be

defined by referring to the page number(s) or line number(s) of the description,

drawing(s) or reference sign (s) in the drawing(s).

The technical features of the claim(s) may refer to the corresponding reference sign(s)

in the drawing(s), and the reference sign(s) shall follow the corresponding technical

features and be placed in parentheses; the reference sign(s) may not serve to limit the

interpretation of the claim(s).

The claim(s) may contain the chemical or mathematical formulae but not drawing(s).

A technical feature in a claim for an invention which consists of a combination of

multiple technical features may be expressed in means-plus-function or

step-plus-function language. Such claim shall be interpreted to cover the

corresponding structure, material, or acts described in the description and equivalents

thereof.

 

Article 20

Where an independent claim of an invention is presented in two-part form, the

preamble portion shall contain the designation of the subject matter as claimed and

those essential technical features that the subject matter as claimed and the prior art

are in common; the characterizing portion shall state the essential technical features of

the invention which distinguish the subject matter as claimed from the prior art in

such phase as “characterized in that,” “wherein the improvement comprises,” or in

similar expressions.

The technical features of the characterizing portion shall be in combination with those

of the preamble portion in interpreting such independent claim.

 

Article 21

An abstract shall concisely state the disclosure of the invention, and be limited to the

technical problem(s) it intends to solve, the technical solution adopted to solve the

problem(s), and the principal use of the invention; in principle, the text of abstract is

not to exceed 250 words; for an invention involving chemical formula, its abstract

shall disclose the formula that can best characterize the inventive feature(s).

An abstract may not contain any commercial advertisement wording.

For an abstract failing to comply with the preceding two paragraphs, the Specific Patent Agency may notify the applicant to make an amendment within a specified

time limit, or notify the applicant of the amendment being made ex officio.

The applicant shall designate a representative drawing that can best characterize the

technical feature(s) of the invention and list the primary reference sign(s) in the

representative drawing accompanied by brief description(s).

In case of failure to designate a representative drawing or inappropriate designation of

a representative drawing, the Specific Patent Agency may notify the applicant to

complete the requirements within a specified time limit, or notify the applicant of the

designation or deletion being made ex officio.

 

Article 22

In a patent application for invention, the technical terminology and the reference

sign(s) used in the description, claim(s), and abstract shall be consistent.

The description, claim(s), and abstract referred to in the preceding paragraph should

be typed or printed.

Where the description, claim(s), and abstract are filed in a foreign language, the

submitted Chinese translation thereof shall be precise and complete.

 

Article 23

In a patent application for invention, the drawing(s) shall be made clearly with ink

lines based on the engineering drawing method; when scaled down to two-thirds, all

the details disclosed in each drawing shall still be clearly distinguished.

The drawing(s) shall be annotated with drawing designation(s) and reference sign(s),

arranged according to the drawing sequence, and shall not specify descriptive words,

unless otherwise indispensable.

 

Article 24

In the event that parts of the description or the drawing(s) are missing from the patent

application for invention, the filing date shall be the date on which the missing parts

of the description or the drawing(s) are filed. However, the filing date shall be the date

on which the application was first filed under any of the following conditions:

1. where the application claims priority of an earlier application, and the missing parts

of the description or the drawing(s) are completely contained in the earlier application

; or

2. where the applicant withdraws the earlier filed missing parts of the description or

the drawing(s) within thirty days after being served with a notification confirming the

filing date by the Specific Patent Agency.

Where the description or drawing(s) referred to in the preceding paragraph is

submitted in a foreign language, the above provisions shall apply.

 

Article 25

The period of twelve (12) months prescribed under Paragraph 1, Article 28 of the Act

is calculated from the day following the filing date of first patent application in a

country which reciprocally recognizes ROC-based priority claims or a member of the

World Trade Organization (WTO) to the filing date prescribed under Paragraph 2,

Article 25 of the Act.

The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1,

Article 30 of the Act is calculated from the day following the filing date of the earlier

patent application to the filing date prescribed under Paragraph 2, Article 25 of the

Act.

 

Article 26

The priority document to be submitted pursuant to Paragraph 2, Article 29 of the Act

shall be the certified copy.

In the event that the priority document submitted by the applicant within the time

limit prescribed under Paragraph 2, Article 29 of the Act is a photocopy, the Specific

Patent Agency shall notify the applicant to submit the certified copy thereof within

specified time limit; where such submission is not made within the specified time

limit or the submission is still incomplete, the priority claim is deemed not to have

been claimed pursuant to Paragraph 3, Article 29 of the Act. However, in the event

that the certified priority document has already been submitted to the Specific Patent

Agency, a photocopy specifying the number of the patent application to which the

certified priority document appends may be submitted as a substitute.

In the event that the priority document referred to in Paragraph 1 has been exchanged

between the Specific Patent Agency and the receiving patent authority of the country

or the WTO member by means of electronic communication, the priority document is

deemed to have been submitted by the applicant.

The certified copy referred to in Paragraph 1 may be replaced with the electronic

version thereof in compliance with the requirement of the Specific Patent Agency; an

explanation that this electronic version is identical to the certified copy shall be made.

 

Article 26-1

Where the priority is claimed pursuant to Paragraph 1, Article 30 of the Act, in the

event the certificate fee and the first-year annuity with respect to the earlier patent

application is paid pursuant to the Act, either at the same time, prior to or after the

claiming of priority, the Specific Patent Agency shall notify the applicant to withdraw

within the specified time period either the priority claim of the subsequent patent

application or the request for patent certificate of the earlier patent application. If a

withdrawal has not been made within the specified time period, the earlier patent

application shall not be published and the Specific Patent Agency shall notify the

applicant that the certificate fee and the first-year annuity may be refunded by request.

 

Article 26-2

The so-called “on the same date” prescribed under Paragraph 1, Article 32 of the Act

shall mean a patent application for invention and a patent application for utility model

having been filed in accordance with, respectively, Paragraph 2, Article 25 and

Paragraph 2, Article 106 of the Act, and having the same filing date. In the event that

the priority claims are made, the priority dates shall also be the same.

The situation where the applicant has not made respective declarations as prescribed

under Paragraph 1, Article 32 of the Act includes the applicant not having made any

declaration for both the patent application for invention and the patent application for

utility model, or the applicant not having made any declaration for either of the two

applications.

In the event that the utility model patent becomes extinguished or is revoked finally

and bindingly after the approval of the patent application for invention but prior to the

publication of that invention patent, the invention patent shall not be published.

 

Article 27

The so-called “linked as to form a single general inventive concept” in Paragraph 2,

Article 33 of the Act shall mean that two or more inventions are technically related to

one another.

The inventions that are technically related to one another referred to in the preceding

paragraph shall contain one or more same or corresponding special technical features.

The so-called “special technical features” referred to in the preceding paragraph shall

mean the technical features which define a contribution which each of the claimed

inventions, considered as a whole, makes over the prior art.

The determination of whether two or more inventions are technically related to one

another shall be made without regard to whether the inventions are claimed in

separate claims or as alternatives within a single claim.

 

Article 28

When requesting for division of a patent application for invention, a request form

shall be submitted for each divisional patent application, accompanied by the

following documents:

  1. description, claim(s), abstract, and drawing(s); and

  2. where the patent application for invention involves a biological material or

utilization of a biological material, the certificate of deposit thereof.

Under any of the following circumstances, a statement shall be made at the time of

filing the request form for each divisional patent application:

1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed; or

2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed.

The divisional patent application shall not differ from the original patent application

in its type.

 

Article 29  

(delete)

 

Article 30

Where a patent application is filed pursuant to Article 35 of the Act, an application

form shall be submitted and accompanied by the document(s) of proof showing that

the invalidation decision revoking the patent has become final and binding.

Article 31

Whenever a patent application for invention is laid open by the Specific Patent

Agency, the following items shall be laid open to the public:

1. application number;

2. laying open number;

3. laying open date;

4. international patent classification;

5. filing date;

6. title of invention;

7. name(s) of the inventor(s);

8. name and domicile/residence or business establishment of the applicant;

9. name of the agent, if an agent is designated;

10. abstract;

11. the drawing that can best characterize the technical features of the invention, and

description(s) of the reference sign(s) in the drawing accompanied;

12. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,

the reciprocal country or the WTO member receiving the respective first patent

application(s), application number(s) and filing date(s) thereof;

13. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,

the respective application number(s) and filing date(s) thereof; and

14. status for whether a request for substantive examination has been applied.

 

Article 32

When requesting for a substantive examination of a patent application for invention, a

request form shall be submitted, specifying the following items:

1. application number;

2. title of invention;

3. name, nationality, and domicile/residence or business establishment of the applicant

for substantive examination; the name of the representative, if any;

4. name and business establishment of the agent, if an agent is designated; and

5. identification of whether the requester for the substantial examination is the patent

applicant.

 

Article 33

When requesting for prioritized examination of a patent application for invention, a

request form shall be submitted, specifying the following items:

1. application number and laying open number;

2. title of invention;

3. name, nationality, and domicile/residence or business establishment of the applicant

for prioritized examination; the name of the representative, if any;

4. name and business establishment of the agent, if an agent is designated;

5. identification of whether the requester for prioritized examination is the patent

applicant; and

6. a statement with respect to the status of commercial exploitation of the patent

application for invention; where there is an agreement, the history of reaching the

agreement.

Where a request for prioritized examination of the patent application for invention has

Chapter 1 General Provisions

Article 1

These Enforcement Rules are formulated pursuant to Article 158 of the Patent Act

(hereinafter referred to as the Act).

 

Article 2

Any application to be filed pursuant to the Act and these Enforcement Rules shall,

except that to be filed by electronic means pursuant to Article 19 of the Act, be in

written form and shall be affixed with the signature or seal of the applicant, or the

signature or seal of the patent agent appointed by the applicant. The Specific Patent

Agency may, as it deems necessary, request the applicant to submit the document(s)

proving the identity of the natural or juristic person.

Any application to be filed in written form pursuant to the Act and these Enforcement

Rules shall use the written forms designated by the Specific Patent Agency; the

formats and number of copies thereof shall be prescribed by the Specific Patent

Agency.

 

Article 3

Where the Chinese translation of technical terminology has been made by the

National Academy for Educational Research, such official translation shall prevail.

However, in the absence of such official translation or as it deems necessary, the

Specific Patent Agency may request the applicant to annotate the Chinese terminology

with its original foreign version.

The document(s) for filing a patent application or other proceedings shall be in

Chinese. In case any document(s) of proof is written in a foreign language, the

Specific Patent Agency may, as it deems necessary, request the applicant to submit a

full-text Chinese translation or a Chinese translation of an excerpt thereof.

 

Article 4

Any document(s) of proof submitted pursuant to the Act and these Enforcement Rules

shall be the original or the certified copy thereof.

Upon making preliminary showing that the photocopy of the document(s) of proof is

identical to the original or the certified copy, except for the certified priority

document, the parties involved may submit the photocopy instead. However, where a

photocopy of the documentary evidence is submitted as evidence of invalidation, it

shall be proved to be identical to the original or the certified copy thereof.

When the original or the certified copy of the document(s) of proof has been verified

by the Specific Patent Agency, it may be returned to the applicant.

Article 5

Where a person files a patent application or taking other proceedings in connection

with patent matters in written form, the date of application and other proceedings shall

be the date on which the Specific Patent Agency receives the written document;

however, where the delivery thereof is made via post, the date of application and other

proceedings shall be the postmark date.

The date of application and other proceedings whose postmark date appears to be

ambiguous shall be the date of receipt by the Specific Patent Agency, unless otherwise

proved by the parties involved.

 

Article 6

With regard to the time period(s) specified by Specific Patent Agency pursuant to the

Act and these Enforcement Rules, an applicant may, prior to the expiration thereof,

make a request stating the reasons for the delay to the Specific Patent Agency for an

extension.

 

Article 7

Where a request is made for recordation of the change to the name, seal,

domicile/residence, or business establishment of the applicant, the document(s) of

proof shall accompany such request. This provision shall not apply where the change

thereto needs not be proved by document(s).

 

Article 8

Where a change of entitled applicant is requested due to a transfer of the right to apply

for patent, the request shall be submitted and accompanied by the following

documents:

1. in the event that the change of entitled applicant is due to an assignment, the deed

of assignment of the right to apply for patent or document(s) of proof of the

assignment; where the assignment is made due to amalgamation or acquisition of

companies, however, the document(s) of proof of the amalgamation or acquisition

should be submitted;

2. in the event that the change of entitled applicant is due to inheritance, the certificate

of death and the instrument of succession.

 

Article 9

Where the applicant designates an agent, the document specifying the extent of power

conferred upon the agent and the address to receive service shall be submitted to the

Specific Patent Agency.

Where agents for patent application and other proceedings are designated, the number

of agents shall not exceed three (3).

Where two or more agents are designated, each of them may act on behalf of the

applicant severally.

In the event that the designation violates the provision of the preceding paragraph, the

agent still may act on behalf of the applicant severally.

Where the power or agent is changed, unless a written notice is submitted to the

Specific Patent Agency, such change has no effect to the Specific Patent Agency.

Any change to the agent’s address shall be reported to the Specific Patent Agency.

 

Article 10

The agent may take any action within the extent of power conferred upon. However,

actions of designating or discharging an agent, withdrawing a patent application,

withdrawing a divisional patent application, withdrawing a converted patent

application, withdrawing a request for reexamination, withdrawing a request for

post-grant amendment, withdrawing an invalidation action, or abandoning a patent

right shall not be taken without being specially empowered.

 

Article 11

Where the application documents do not conform to statutory requirements but such

nonconformance may be remedied, the Specific Patent Agency shall notify the

applicant to complete the requirements within a specified time limit; where the

requirements are not completed within the specified time limit or are still incomplete,

the application shall be processed pursuant to Paragraph 1, Article 17 of the Act.

 

Article 12

When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request

form shall be submitted to the Specific Patent Agency stating the reasons for the delay

and the date of extinguishment of such delay, and accompanied by the document(s) of

proof.

 

Chapter 2 Application and Examination of Invention Patent

 

Article 13

Where the priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1,

Article 30 of the Act, the so-called “prior to the filing of the patent application” in

Article 22 of the Act, and the so-called “earlier-filed” in Article 23 of the Act shall

mean prior to the priority date.

The so-called “printed publication” in Article 22 of the Act shall mean documents or

other storage media carrying information that is open to the public.

The period of twelve (12) months in Paragraph 3, Article 22 of the Act is calculated

from the day following the occurrence of the facts prescribed under the same

paragraph to the filing date prescribed under Paragraph 2, Article 25 of the Act.

Where there are more than one of the facts prescribed under Paragraph 3, Article 22 of

the Act, the above-mentioned period shall be calculated from the day following the

occurrence of the first of these facts.

 

Article 14

The so-called “a person ordinarily skilled in the art” in Article 22, Article 26, and

Article 27 of the Act shall mean a person having general knowledge and ordinary skill

in the art of the invention at the time of filing.

In the preceding paragraph, the time of filing shall mean the priority date where

priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article 30 of

the Act.

 

Article 15

Where a person has obtained the right to apply for patent due to inheritance,

assignment, employment or capital contribution, with respect to the disclosure of the

invention made by the predecessor, assignor, employee or appointee prior to the filing,

the provisions of Paragraphs 3 and 4, Article 22 of the Act shall apply.

 

Article 16

When filing a patent application for invention, the application form shall specify the

following items:

1. title of invention;

2. name and nationality of the inventor;

3. name, nationality, and domicile/residence or business establishment of the

  applicant; name of the representative, if any ; and

4. name and business establishment of the agent, if an agent is designated.

Under any of the following circumstances, a statement shall be made at the time of

filing:

1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed;

2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed;

 and

3. where the declaration is made in respect of a patent application for invention and a

patent application for utility model filed for the same creation on the same date as

prescribed under Paragraph 1, Article 32 of the Act.

 

Article 17

When filing a patent application for invention, the description shall contain the

following items:

1. title of invention;

2. technical field;

3. background art: indicating the background art known to the applicant, where

 relevant materials reflecting such art may be submitted;

4. summary of invention: disclosing the problem(s) that the invention aims to solve

and its technical solution adopted to solve the problem(s); and stating any

advantageous effects of the invention with reference to the background art;

5. brief description of drawing(s): where the description is accompanied by

drawing(s), description of the drawing(s) shall be made in concise wording according

to the drawing sequence;

6. description of embodiments: describing at least one way of carrying out the

invention, using examples where appropriate and referring to the drawing(s), if any;

and

7. reference signs list: where the description is accompanied by drawing(s), major

reference signs of the drawing(s) shall be listed and illustrated according to the

drawing sequence or reference signs sequence.

The description shall be presented in the manner and order specified in each

subparagraph of the preceding paragraph, and each of the parts shall be preceded by a

heading; unless, owing to the nature of the invention, a different presentation would

result in a better understanding.

The paragraphs of the description may be numbered consecutively with four Arabic

numbers arranged in square brackets, so as to clearly identify each paragraph.

The title of invention should concisely state the contents of the claimed inventions,

where no irrelevant wording is allowed.

When a patent application for invention involves a biological material or utilization of

a biological material, where the biological material concerned has been deposited, the

description shall specify the depository, date of deposit and deposit number. In the

event that, prior to filing the patent application, the biological material concerned has

been deposited in a foreign depository recognized by the Specific Patent Agency, the

description shall also specify the foreign depository, date of deposit and deposit

number.

Where a patent application for invention contains disclosure of one or more

nucleotides and/or amino acids sequence, a sequence listing complying with the

standard provided by the Specific Patent Agency shall be submitted as a separate part

of the description, in addition thereto, a copy of the said sequence listing in

computer-readable form may be submitted.

 

Article 18

The claim(s) of an invention may be presented in more than one independent claim;

the number of claim(s) shall be consistent with the disclosure of the invention; when

necessary, the claim(s) may contain more than one dependent claim. The independent

claim(s) and the dependent claim(s) shall be consecutively arranged in Arabic

numerical sequence according to their dependent relations.

An independent claim shall state the designation of the subject matter as claimed and

the essential technical features of the invention that the applicant regards as his/her

invention.

A dependent claim shall state the Arabic number(s) of the claim(s) on which it

depends, the designation of the subject matter and the technical features other than

those in the claim(s) on which it depends; whenever an interpretation of a dependent

claim is made, it shall contain all the technical features of the claim(s) on which the

dependent claim depends.

A dependent claim depending on two or more claims shall be referred to as a multiple

dependent claim and shall be presented in alternative.

A dependent claim may only depend on the preceding dependent or independent

claim(s). However, direct or indirect dependence is not allowed among multiple

dependent claims.

An independent or a dependent claim shall be written in a single sentence.

 

Article 19

Unless absolutely necessary, the technical features of all the claim(s) may not be

defined by referring to the page number(s) or line number(s) of the description,

drawing(s) or reference sign (s) in the drawing(s).

The technical features of the claim(s) may refer to the corresponding reference sign(s)

in the drawing(s), and the reference sign(s) shall follow the corresponding technical

features and be placed in parentheses; the reference sign(s) may not serve to limit the

interpretation of the claim(s).

The claim(s) may contain the chemical or mathematical formulae but not drawing(s).

A technical feature in a claim for an invention which consists of a combination of

multiple technical features may be expressed in means-plus-function or

step-plus-function language. Such claim shall be interpreted to cover the

corresponding structure, material, or acts described in the description and equivalents

thereof.

 

Article 20

Where an independent claim of an invention is presented in two-part form, the

preamble portion shall contain the designation of the subject matter as claimed and

those essential technical features that the subject matter as claimed and the prior art

are in common; the characterizing portion shall state the essential technical features of

the invention which distinguish the subject matter as claimed from the prior art in

such phase as “characterized in that,” “wherein the improvement comprises,” or in

similar expressions.

The technical features of the characterizing portion shall be in combination with those

of the preamble portion in interpreting such independent claim.

 

Article 21

An abstract shall concisely state the disclosure of the invention, and be limited to the

technical problem(s) it intends to solve, the technical solution adopted to solve the

problem(s), and the principal use of the invention; in principle, the text of abstract is

not to exceed 250 words; for an invention involving chemical formula, its abstract

shall disclose the formula that can best characterize the inventive feature(s).

An abstract may not contain any commercial advertisement wording.

For an abstract failing to comply with the preceding two paragraphs, the Specific Patent Agency may notify the applicant to make an amendment within a specified

time limit, or notify the applicant of the amendment being made ex officio.

The applicant shall designate a representative drawing that can best characterize the

technical feature(s) of the invention and list the primary reference sign(s) in the

representative drawing accompanied by brief description(s).

In case of failure to designate a representative drawing or inappropriate designation of

a representative drawing, the Specific Patent Agency may notify the applicant to

complete the requirements within a specified time limit, or notify the applicant of the

designation or deletion being made ex officio.

 

Article 22

In a patent application for invention, the technical terminology and the reference

sign(s) used in the description, claim(s), and abstract shall be consistent.

The description, claim(s), and abstract referred to in the preceding paragraph should

be typed or printed.

Where the description, claim(s), and abstract are filed in a foreign language, the

submitted Chinese translation thereof shall be precise and complete.

 

Article 23

In a patent application for invention, the drawing(s) shall be made clearly with ink

lines based on the engineering drawing method; when scaled down to two-thirds, all

the details disclosed in each drawing shall still be clearly distinguished.

The drawing(s) shall be annotated with drawing designation(s) and reference sign(s),

arranged according to the drawing sequence, and shall not specify descriptive words,

unless otherwise indispensable.

 

Article 24

In the event that parts of the description or the drawing(s) are missing from the patent

application for invention, the filing date shall be the date on which the missing parts

of the description or the drawing(s) are filed. However, the filing date shall be the date

on which the application was first filed under any of the following conditions:

1. where the application claims priority of an earlier application, and the missing parts

of the description or the drawing(s) are completely contained in the earlier application

; or

2. where the applicant withdraws the earlier filed missing parts of the description or

the drawing(s) within thirty days after being served with a notification confirming the

filing date by the Specific Patent Agency.

Where the description or drawing(s) referred to in the preceding paragraph is

submitted in a foreign language, the above provisions shall apply.

 

Article 25

The period of twelve (12) months prescribed under Paragraph 1, Article 28 of the Act

is calculated from the day following the filing date of first patent application in a

country which reciprocally recognizes ROC-based priority claims or a member of the

World Trade Organization (WTO) to the filing date prescribed under Paragraph 2,

Article 25 of the Act.

The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1,

Article 30 of the Act is calculated from the day following the filing date of the earlier

patent application to the filing date prescribed under Paragraph 2, Article 25 of the

Act.

 

Article 26

The priority document to be submitted pursuant to Paragraph 2, Article 29 of the Act

shall be the certified copy.

In the event that the priority document submitted by the applicant within the time

limit prescribed under Paragraph 2, Article 29 of the Act is a photocopy, the Specific

Patent Agency shall notify the applicant to submit the certified copy thereof within

specified time limit; where such submission is not made within the specified time

limit or the submission is still incomplete, the priority claim is deemed not to have

been claimed pursuant to Paragraph 3, Article 29 of the Act. However, in the event

that the certified priority document has already been submitted to the Specific Patent

Agency, a photocopy specifying the number of the patent application to which the

certified priority document appends may be submitted as a substitute.

In the event that the priority document referred to in Paragraph 1 has been exchanged

between the Specific Patent Agency and the receiving patent authority of the country

or the WTO member by means of electronic communication, the priority document is

deemed to have been submitted by the applicant.

The certified copy referred to in Paragraph 1 may be replaced with the electronic

version thereof in compliance with the requirement of the Specific Patent Agency; an

explanation that this electronic version is identical to the certified copy shall be made.

 

Article 26-1

Where the priority is claimed pursuant to Paragraph 1, Article 30 of the Act, in the

event the certificate fee and the first-year annuity with respect to the earlier patent

application is paid pursuant to the Act, either at the same time, prior to or after the

claiming of priority, the Specific Patent Agency shall notify the applicant to withdraw

within the specified time period either the priority claim of the subsequent patent

application or the request for patent certificate of the earlier patent application. If a

withdrawal has not been made within the specified time period, the earlier patent

application shall not be published and the Specific Patent Agency shall notify the

applicant that the certificate fee and the first-year annuity may be refunded by request.

 

Article 26-2

The so-called “on the same date” prescribed under Paragraph 1, Article 32 of the Act

shall mean a patent application for invention and a patent application for utility model

having been filed in accordance with, respectively, Paragraph 2, Article 25 and

Paragraph 2, Article 106 of the Act, and having the same filing date. In the event that

the priority claims are made, the priority dates shall also be the same.

The situation where the applicant has not made respective declarations as prescribed

under Paragraph 1, Article 32 of the Act includes the applicant not having made any

declaration for both the patent application for invention and the patent application for

utility model, or the applicant not having made any declaration for either of the two

applications.

In the event that the utility model patent becomes extinguished or is revoked finally

and bindingly after the approval of the patent application for invention but prior to the

publication of that invention patent, the invention patent shall not be published.

 

Article 27

The so-called “linked as to form a single general inventive concept” in Paragraph 2,

Article 33 of the Act shall mean that two or more inventions are technically related to

one another.

The inventions that are technically related to one another referred to in the preceding

paragraph shall contain one or more same or corresponding special technical features.

The so-called “special technical features” referred to in the preceding paragraph shall

mean the technical features which define a contribution which each of the claimed

inventions, considered as a whole, makes over the prior art.

The determination of whether two or more inventions are technically related to one

another shall be made without regard to whether the inventions are claimed in

separate claims or as alternatives within a single claim.

 

Article 28

When requesting for division of a patent application for invention, a request form

shall be submitted for each divisional patent application, accompanied by the

following documents:

1.description, claim(s), abstract, and drawing(s); and

2.where the patent application for invention involves a biological material or

utilization of a biological material, the certificate of deposit thereof.

Under any of the following circumstances, a statement shall be made at the time of

filing the request form for each divisional patent application:

1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed; or

2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed.

The divisional patent application shall not differ from the original patent application

in its type.

 

Article 29  

(delete)

 

Article 30

Where a patent application is filed pursuant to Article 35 of the Act, an application

form shall be submitted and accompanied by the document(s) of proof showing that

the invalidation decision revoking the patent has become final and binding.

Article 31

Whenever a patent application for invention is laid open by the Specific Patent

Agency, the following items shall be laid open to the public:

1. application number;

2. laying open number;

3. laying open date;

4. international patent classification;

5. filing date;

6. title of invention;

7. name(s) of the inventor(s);

8. name and domicile/residence or business establishment of the applicant;

9. name of the agent, if an agent is designated;

10. abstract;

11. the drawing that can best characterize the technical features of the invention, and

description(s) of the reference sign(s) in the drawing accompanied;

12. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,

the reciprocal country or the WTO member receiving the respective first patent

application(s), application number(s) and filing date(s) thereof;

13. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,

the respective application number(s) and filing date(s) thereof; and

14. status for whether a request for substantive examination has been applied.

 

Article 32

When requesting for a substantive examination of a patent application for invention, a

request form shall be submitted, specifying the following items:

1. application number;

2. title of invention;

3. name, nationality, and domicile/residence or business establishment of the applicant

for substantive examination; the name of the representative, if any;

4. name and business establishment of the agent, if an agent is designated; and

5. identification of whether the requester for the substantial examination is the patent

applicant.

 

Article 33

When requesting for prioritized examination of a patent application for invention, a

request form shall be submitted, specifying the following items:

1. application number and laying open number;

2. title of invention;

3. name, nationality, and domicile/residence or business establishment of the applicant

for prioritized examination; the name of the representative, if any;

4. name and business establishment of the agent, if an agent is designated;

5. identification of whether the requester for prioritized examination is the patent

applicant; and

6. a statement with respect to the status of commercial exploitation of the patent

application for invention; where there is an agreement, the history of reaching the

agreement.

Where a request for prioritized examination of the patent application for invention has

been made but a request for substantive examination thereof has yet to be filed, a

request for substantive examination as prescribed in the preceding article shall also be

made.

The relevant document(s) of proof to be submitted pursuant to Paragraph 2, Article 40

of the Act shall include: advertising catalogues, other written materials reflecting the

facts of commercial exploitation, or the written notice prescribed under Paragraph 1,

Article 41 of the Act.

 

Article 34

Where the Specific Patent Agency notifies the applicant to appear for an interview, to

perform experiment, to supplement model(s) or sample(s), or to amend the description

, claim(s), or drawing(s), in case of failure to act within the specified time limit, or to

conduct any act pursuant to the contents of the notification, the Specific Patent

Agency may continue the examination based on the materials available.

 

Article 35

In case of obvious error(s) found in the description, claim(s), or text(s) or reference

sign(s) in the drawing(s), the Specific Patent Agency may correct the error(s) ex

officio and notify the applicant of the correction(s) being made.

 

Article 36

When requesting for amending the description, claim(s), or drawing(s) of a patent

application for invention, a request form shall be submitted and accompanied by the

following documents:

1.the amended sheet(s) of the description or claim(s) on which the portions of the

amendment are marked; the original disclosure to be deleted shall be presented by a

strike line crossing out the deleted text(s); the added disclosure shall be presented by

underlining the added text(s). However, deleting claim(s) may be presented by

annotation of descriptive text(s).

2.the replacement sheet(s) of description, claim(s), or drawing(s) after the

amendment without marks; in case the page sequence, claim sequence, or drawing

sequence of the description, claim(s), or drawing(s) are not continuous due to the

amendment, a complete set of description, claim(s), or drawing(s) after the

amendment shall be submitted.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where an amendment is made to the description, the page number(s), paragraph

number(s), and line number(s) thereof and reasons for the amendment;

2.where an amendment is made to the claim(s), the number(s) thereof and reasons for the amendment;

3.where an amendment is made to the drawing(s), the designation(s) thereof and

reasons for the amendment.

Where an amendment is made to the claim(s), if parts of the claims are deleted,

number(s) of the remaining claim(s) should be rearranged with Arabic numeral(s)

according to the claim sequence; where an amendment is made to the drawing(s), if

parts of the drawings are deleted, the drawing designation(s) of the remaining

drawing(s) should be rearranged according to the drawing sequence.

In the event that the Specific Patent Agency has issued a final notice to the patent

application for invention, the amendment reasons set forth in Subparagraph 2,

Paragraph 2 of this Rule shall state the respective grounds prescribed under Paragraph

4, Article 43 of the Act.

 

Article 37

When requesting for correcting the description, claim(s), or drawing(s) due to

translation errors, a request form shall be submitted and accompanied by the

following documents:

1.the corrected sheet(s) of the description or claim(s) on which the portions of the

correction are marked; the original disclosure to be deleted shall be presented by a

strike line crossing out the deleted text(s); the added disclosure shall be presented by

underlining the added text(s); and

2.the replacement sheet(s) of description, claim(s), or drawing(s) after correction

without marks.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where a correction is made to the description, the page number(s), paragraph

number(s), and line number(s) thereof, reasons for correction, and the page number(s)

, paragraph number(s), and line number(s) of the corresponding description in the

application in foreign language;

2.where a correction is made to the claim(s), the number(s) thereof, reasons for the

correction, and the claim number(s) of the corresponding claim(s) in the application in

foreign language;

3.where a correction is made to the drawing(s), the designation(s) thereof, reasons

for the amendment, and the designation(s) of the corresponding drawing(s) in the

application in foreign language.

 

Article 38

In case a correction of translation error(s) and an amendment are simultaneously made

to the description, claim(s), or drawing(s) of the patent application for invention, the

request for correction and the request for amendment may be submitted separately, or

a request for correction specifying both the correction and amendment may be

submitted.

In case a correction of translation error(s) and a post-grant amendment are

simultaneously made to the description, claim(s), or drawing(s) of the invention

patent, the above provision shall apply.

 

Article 39

Subsequent to laying open but prior to issuing the examination decision, anyone

considering that the claimed inventions shall not be granted may submit his/her

comments to the Specific Patent Agency, which may be accompanied by reasons and

evidence thereof.

 

Chapter 3 Application and Examination of Utility Model Patent

 

Article 40

In the event that parts of the description or drawing(s) are missing from the patent

application for utility model, the filing date shall be the date on which the missing

parts of the description or the drawing(s) are filed. However, the filing date shall be

the date on which the application was first filed under any of the following conditions:

1.where the applicant claims priority of an earlier application, and the missing parts

of the description or the drawing(s) are completely contained in the earlier application

; or

2.where the applicant withdraws the earlier filed missing parts of the description or

parts of the drawing(s) within thirty (30) days after being served with a notification

confirming the filing date by the Specific Patent Agency.

Where the description or drawing(s) referred to in the preceding paragraph are

submitted in a foreign language, the above provisions shall apply.

 

Article 41

The period of twelve (12) months prescribed under Paragraph 1 of Article 28

applicable mutatis mutandis under Article 120 of the Act is calculated from the day

following the filing date of the first patent application in a country which reciprocally

recognizes ROC-based priority claims or a member of the WTO to the filing date

prescribed under Paragraph 2, Article 106 of the Act.

The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1 of

Article 30 applicable mutatis mutandis under Article 120 of the Act is calculated from

the day following the filing date of the earlier patent application to the filing date

prescribed under Paragraph 2, Article 106 of the Act.

 

Article 42

When requesting for a technical evaluation report of utility model patent pursuant to

Paragraph 1, Article 115 of the Act, a request form shall be submitted specifying the

following items:

1. application number;

2. title of utility model;

3. name, nationality, and domicile/residence or business establishment of the applicant

for the technical evaluation report of utility model patent; the name of the

representative, if any;

4. name and business establishment of the agent, if an agent is designated; and

5. identification of whether the requester is the patentee.

 

Article 43

The relevant document(s) of proof to be submitted pursuant to Paragraph 5, Article

115 of the Act shall include: a written notice issued by the patentee to a party not

entitled to exploit the patent for commercial purpose, advertising catalogues, or other

written materials reflecting the facts of commercial exploitation.

 

Article 44

The technical evaluation report of utility model patent shall specify the following

items:

1. certificate number of the utility model patent;

2. application number;

3. filing date;

4. priority date;

5. the date that a request for rendering a technical evaluation report is made;

6. title of utility model;

7. name and domicile/residence or business establishment of the patentee;

8. name of the requester for the technical evaluation report of utility model patent;

9. name of the agent, if an agent is designated;

10. name of the patent examiner;

11. international patent classification;

12. range of prior art documents; and

13. comparative conclusions

 

Article 45

Rules 13 to 23, Rules 26 to 28, Rule 30, and Rules 34 to 38 shall apply mutatis

mutandis to utility model patent.

 

Chapter 4 Application and Examination of Design Patent

Article 46

Where the priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable

mutatis mutandis under Paragraph 1, Article 142 of the Act, the so-called “prior to the

filing of the patent application” in Article 122 of the Act and the so-called

“earlier-filed” in Article 123 of the Act shall mean prior to the priority date.

The so-called “printed publication” in Article 122 of the Act shall mean documents or

other storage media carrying information that is open to the public.

The period of six (6) months in Paragraph 3, Article 122 of the Act is calculated from

the day following the occurrence of the facts prescribed under the same paragraph to

the filing date prescribed under Paragraph 2, Article 125 of the Act. Where there are

more than one of the facts prescribed under Paragraph 3, Article 122 of the Act, the

above-mentioned period shall be calculated from the day following the occurrence of

the first of these facts.

 

Article 47

The so-called “a person ordinarily skilled in the art” in Article 122 and Article 126 of

the Act shall mean a person having general knowledge and ordinary skills in the art of

the design at the time of filing.

In the preceding paragraph, the time of filing shall mean the priority date where

priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable mutatis

mutandis under Paragraph 1, Article 142 of the Act.

 

Article 48

Where a person has obtained the right to apply for patent due to inheritance,

assignment, employment or capital contribution, with respect to the disclosure of the

design made by the predecessor, assignor, employee or appointee prior to the filing,

the provisions of Paragraphs 3 and 4, Article 122 of the Act shall apply.

 

Article 49

When filing a patent application for design, the application form shall specify the

following items:

1. title of design;

2. name and nationality of the designer; and

3. name, nationality, and domicile/residence or business establishment of the applicant

; the name of the representative, if any; and

4. name and business establishment of the agent, if an agent is designated;

Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis

mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof

shall be made at the time of filing.

When filing a patent application for derivative design, the application number of the

original patent application for design shall be specified in the request form, in addition

to the items stated in the preceding two paragraphs.

 

Article 50

When filing a patent application for design, the description shall contain the following

items:

1. title of design;

2. purpose of article; and

3. description of design.

The description shall be presented in the manner and order specified in each

subparagraph of the preceding paragraph, and each of the parts shall be preceded by a

heading. However, the items stated in Subparagraph 2 or 3 of the preceding paragraph

may be omitted where such items are clearly reflected by the title of design or the

drawing(s).

 

Article 51

The title of design shall clearly designate the article to which the design applied;

irrelevant wording is not allowed.

The purpose of article serves to facilitate description of usage, function, and the like

of the article to which the design applied.

The description of design serves to facilitate description of shape, patterns, colors, or

any combination thereof. The following circumstances shall be stated, if any:

1.the disclosed content of the drawing(s) contains parts which do not form part of the claimed design;

2.for computer icons and graphic user interfaces applied to an article and whose

appearance(s) may change, the change sequence; or

3.the omission of the drawing(s) due to identicalness of drawing(s), symmetry of

drawing(s), or any other causes.

A concise statement may be made in the description of design when necessary under

any of the following circumstances:

1.where the appearance of design changes because of the characteristics of different

materials used, adjustment of function, or change in state of use;

2. where there is auxiliary drawing(s) or reference drawing(s); or

3. in a patent application for design claiming a set of articles, the title of each article

constituting the set.

 

Article 52

The terminology used in the title of design, purpose of article, and description of

design in the description shall be consistent.

The description referred to in the preceding paragraph should be typed or printed.

Where foreign language document(s) is submitted pursuant to the Paragraph 3, Article

125 of the Act, the description shall contain the precise and complete translation.

 

Article 53

In a patent application for design, the drawing(s) shall contain sufficient views so as

to fully disclose the appearance of the claimed design; where the design is

three-dimensional, the drawing(s) shall contain a perspective view; where the design

is applied to a boundless plane in form, the drawing(s) shall contain an element view.

The views stated in the preceding paragraph may include a perspective view, a front

view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan

view, an element view, or other auxiliary views.

The drawing(s) shall be made clear with ink lines, computer drafting, or photographs

based on engineering drawing method; when scaled down to two-thirds, all the details

disclosed in each drawing shall still be clearly distinguished.

Where colors are claimed, the drawing(s) stated in the preceding paragraph shall

present the colors.

The parts in the drawing(s) which the design intends to claim and not to claim shall be

presented in a manner by which the different parts can be clearly distinguished.

A drawing annotated as reference shall not be the scope of a design patent, but shall

be used to describe an article to be applied or an environment of use.

 

Article 54

In a patent application for design, each drawing shall be annotated with a title, and a

perspective view or a drawing that can best characterize the design shall be designated

as the representative drawing.

In case of failure to designate a representative drawing or inappropriate designation of

a representative drawing, the Specific Patent Agency may notify the applicant to

complete the requirements within a specified time limit, or notify the applicant of

designation being made ex officio.

 

Article 55

In the event that parts of the description or parts of the drawing(s) are missing from

the patent application for design, the filing date shall be the date on which the missing

parts of the description or the drawing(s) are filed. However, the filing date shall be

the date on which the application was first filed under any of the following conditions:

1.where the applicant claims priority of an earlier application, and the missing parts

of description or parts of the drawing(s) are completely contained in the earlier

application; or

2.where the applicant withdraws the earlier filed missing parts of the description or

parts of the drawing(s) within thirty (30) days after being served with a notification

confirming the filing date by the Specific Patent Agency.

Where the description or drawing(s) referred to in the preceding paragraph are

submitted in a foreign language, the above provisions shall apply.

 

Article 56

The period of six (6) months prescribed under Paragraph 2, Article 142 of the Act is

calculated from the day following the filing date of the first patent application in a

country which reciprocally recognizes ROC-based priority claims or a member of the

WTO to the filing date prescribed under Paragraph 2, Article 125 of the Act.

 

Article 57

The so-called “same class” prescribed under Paragraph 2, Article 129 of the Act shall

mean articles categorized under the same Class in the International Classification for

Industrial Designs.

 

Article 58

When requesting division of a patent application for design, a request form for each

divisional patent application shall be submitted and accompanied by description and

drawing(s).

Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis

mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof

shall be made at the time of filing the request form for each divisional patent

application.

The divisional patent application shall not differ from the original patent application

in its type.

 

Article 59

When requesting for amending the description or drawing(s) of a patent application

for design, a request form shall be submitted and accompanied by the following

documents:

1.the amended sheet(s) of the description on which the portions of the amendment

are marked; the original disclosure to be deleted shall be presented by a strike line

crossing out the deleted text(s); the added disclosure shall be presented by

underlining the added text(s); and

2.the complete set of replacement description or drawing(s) after the amendment

without marks.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where an amendment is made to the description, the page number(s) and line

number(s) thereof and reasons for the amendment;

2.where an amendment is made to the drawing(s), the title(s) thereof and reasons for

the amendment.

 

Article 60

When requesting for correcting the description or drawing(s) due to translation errors,

a request form shall be submitted and accompanied by the following documents:

1.the corrected sheet(s) of the description on which the portions of the correction are

marked; the original disclosure to be deleted shall be presented by a strike line

crossing out the deleted text(s); the added disclosure shall be presented by

underlining the added text(s); and

2.the complete set of replacement description or drawing(s) after correction without

marks.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where a correction is made to the description, the page number(s) and line

number(s) thereof, reasons for correction, and the page number(s) and line

number(s) of the corresponding description in foreign language;

2.where a correction is made to the drawing(s), the title(s) thereof, reasons for the

correction, and the title(s) of the corresponding drawing(s) in the application in

foreign language.

 

Article 61

Rules 26, 30, 34, 35 and 38 shall apply mutatis mutandis to design patent.

The provisions in this Chapter are applicable to derivative design patent.

 

Chapter 5 Patent Rights

Article 62

Where priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article

30 of the Act, the so-called “prior to the filing of application” in Subparagraph 3,

Paragraph 1, Article 59 and Paragraph 1, Article 99 of the Act shall mean prior to the

priority date.

 

Article 63

When requesting for recordation of patent right assignment, a request form shall be

submitted by the assignor or the assignee and accompanied by deed of assignment or

document(s) of proof with respect to the assignment.

When requesting for recordation of patent right succession due to amalgamation or

acquisition of companies, the documents to be submitted in the preceding paragraph

are document(s) of proof with respect to the amalgamation or acquisition.

 

Article 64

In requesting for recordation of patent right entrustment, a request form shall be

submitted by the patentee or the trustee and accompanied by the following

documents:

1.for recordation of trust, the deed of trust or document(s) of proof with respect to

such entrustment agreement;

2.for deletion of trust recordation upon termination of the trust relation and the

acquisition of the patent right by the settlor, the deed of trust or document(s) of

proof with respect to such termination of the trust relation;

3.for recordation of attribution of trusted patent right upon termination of the trust

relation and the acquisition of patent right by a third party, the deed of trust or

document(s) of proof with respect to such trust attribution;

4.for alteration of other matters in the recordation of trust, document(s) of proof

 with respect to such alteration

.

Article 65

In requesting for recordation of licensing of patent right, a request form shall be

submitted by the patentee or the licensee and accompanied by the following

documents:

1.for recordation of licensing, the license agreement or document(s) of proof with

respect to such licensing;

2.for alteration of the recordation of licensing, document(s) of proof with respect to

such alteration;

3.for deletion of licensing recordation, a letter consenting deletion of the licensing

recordation issued by the licensee, a judgment of the court along with a certificate

stating the judgment is final and binding, or documents which legally have the

equivalent effect as a final and binding judgment of the court. However, where the

license is terminated due to expiration of the licensed term, the above documents

need not be submitted.

The license agreement or document(s) of proof referred to in Subparagraph 1 of the

preceding paragraph shall specify the following items:

1. title or certificate number of the invention, utility model, or design patent; and

2. type, scope, locality and term of license.

Where the patentee licenses others to exploit part of the claims, the scope referred to

in Subparagraph 2 of the preceding paragraph shall specify the number(s) of the

licensed claim(s).

The expiration date of the licensed term referred to in Subparagraph 2 of Paragraph 2

shall not be later than the expiration date of the patent term.

 

Article 66

In requesting for recordation of sub-licensing of patent right, a request shall be

submitted by the licensee or the sub-licensee and accompanied by the following

documents:

1.for recordation of sub-licensing, the sub-license contract or document(s) of proof

with respect to such sub-licensing;

2.for alteration of the recordation of sub-licensing, document(s) of proof with

respect to such alteration;

3.for deletion of sub-licensing recordation, a letter consenting deletion of the

sub-licensing recordation issued by the sub-licensee, a judgment of the court along

with a certificate stating the judgment is final and binding, or documents which

legally have the equivalent effect as a final and binding judgment of the court.

However, where the sub-license is terminated due to expiration of the licensed

term or sub-licensed term, the above documents need not be submitted.

Paragraph 2 of the preceding Rule shall apply mutatis mutandis to the items to be

specified in the sub-license contract or the document(s) of proof thereof referred to in

Subparagraph 1 of the preceding paragraph.

The sub-licensed scope is limited to the original licensed scope.

 

Article 67

In requesting for recordation of pledge establishment of a patent right, a request form

shall be submitted by the patentee or the pledgee and accompanied by the patent

certificate and the following documents:

1.for recordation of pledge establishment, the pledge agreement or document(s) of proof with respect to such establishment;

2.for alteration of the recordation of pledge establishment, document(s) of proof

with respect to such alteration;

3.for deletion of pledge establishment recordation, document(s) of proof with respect to the full discharge of pledged liabilities, a letter consenting deletion of pledge

establishment recordation issued by the pledgee, a judgment of the court

along with a certificate stating the judgment is final and binding, or documents

which legally have the equivalent effect as a final and binding judgment of the

court.

The agreement or document(s) of proof referred to in Subparagraph 1 of the preceding

paragraph shall specify the following items:

1. title or certificate number of the invention, utility model or design patent; and

2. amount of credit pledged and the term of the pledge establishment.

The expiration date of the term of the pledge establishment referred in Subparagraph

2 of the preceding paragraph shall not be later than the expiration date of the patent

term.

Upon recordation under the first paragraph with the Specific Patent Agency, the

relevant items shall be annotated to the patent certificate and the Patent Registry.

 

Article 68

Where, pursuant to the laws, consent from a third party is required for recordation

referred to in the preceding five (5) rules, document(s) of proof with respect to such

consent from the third party shall also be submitted.

 

Article 69

In requesting for recordation of succession of patent right, a request form shall be

submitted and accompanied by the certificate of death and the instrument of

succession.

 

Article 70

When requesting for amending the post-grant description, claim(s), or drawing(s) of a

patent pursuant to Article 67 of the Act, a request form shall be submitted and

accompanied by the following documents:

1.the replacement sheet(s) of the description and drawing(s) after the post-grant amendment without marks;

2.where a post-grant amendment is made to the claim(s), a complete set of the claims;

3.where consent from the licensee, pledgee, or all joint owners is required pursuant to

Article 69 of the Act, document(s) of proof with respect to such consent.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where a post-grant amendment is made to the description, the page number(s),

paragraph number(s), line number(s) thereof, the contents amended, and reasons for

the post-grant amendment;

2.where a post-grant amendment is made to the claim(s), the claim(s) thereof, the contents amended, and reasons for the post-grant amendment;

3.where a post-grant amendment is made to the drawing(s), the designation(s) thereof

and reasons for the post-grant amendment.

The contents amended shall specify the contents before and after the post-grant

amendment; the original disclosure to be deleted shall be presented by a strike line

crossing out the deleted text(s); the added disclosure shall be presented by underlining

the added text(s).

The reasons for post-grant amendment referred to in Paragraph 2 shall specify the

applied provision(s) of Paragraph 1, Article 67 of the Act.

Where a post-grant amendment is made to the claim(s), if parts of the claims are

deleted, the claim sequence of the remaining claim(s) shall not be changed; where a

post-grant amendment is made to the drawing(s), if parts of the drawing(s) are

deleted, the drawing designation(s) of remaining drawing(s) shall not be changed.

When requesting for a post-grant amendment during invalidation proceedings, the

patentee shall specify the number of invalidation action in the request form.

 

Article 71

Where an invalidation action is initiated after the patent has become extinguished ipso

facto pursuant to Article 72 of the Act, the document(s) evidencing recoverable legal

interests as a result of revocation of the patent right shall be submitted.

 

Article 72

Where an invalidation action is initiated, for an invention or a utility model, the

invalidation statement prescribed under Paragraph 1, Article 73 of the Act shall state

the objective to revoke all or parts of the claims; where an invalidation action is

initiated against parts of the claims, the claim(s) against which the invalidation action

is initiated shall be specifically identified; for a design, the invalidation statement

shall state the objective to revoke the patent right of the design.

The reasons of invalidation prescribed under Paragraph 1, Article 73 of the Act shall

state the ground(s) asserted by the invalidation action and specific facts, as well as

explain the relationship between the respective specific facts and the evidence.

 

Article 73

The invalidation proceedings and decisions concerned shall be conducted within the

scope of the invalidation statement.

The syllabus of the invalidation decision shall specify the examination results; for an

invention or a utility model, such results shall be rendered on a claim-by-claim basis.

 

Article 74

When an invalidation action and a request for post-grant amendment are to be

consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the

post-grant amendment shall be first examined; if the post-grant amendment is rejected

after examination, the Specific Patent Agency shall notify the patentee to make a

response within a specified time limit; in case of failure to respond within the

specified time limit or the post-grant amendment shall still be rejected despite the

response, the Specific Patent Agency may proceed with the examination based on the

materials available.

When an invalidation action and a request for post-grant amendment are to be

consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the

syllabus of the invalidation decision shall specify the examination results for the

post-grant amendment and the invalidation action separately. However, where the

post-grant amendment is rejected after examination, such rejection shall only be stated

in the reasons of invalidation decision.

 

Article 75

When more than one invalidation actions are to be consolidated for examination

pursuant to Paragraph 1, Article 78 of the Act, the Specific Patent Agency shall notify

the respective invalidation requesters and the patentee of the reasons and evidence on

which the respective invalidation actions rely.

The invalidation requesters and the patentee may each submit their comments or a

response with respect to the reasons and evidence on which the respective invalidation

actions rely within a time limit specified by the Specific Patent Agency.

 

Article 76

During the examination of an invalidation action, the Specific Patent Agency may,

when necessary, consult with the invalidation requester and the patentee to formulate

an examination plan.

 

Article 77

When requesting for a compulsory license, a request form specifying the reasons for

the request thereof shall be submitted and accompanied by a detailed project for

exploitation and relevant document(s) of proof.

When requesting for repeal of a compulsory license, a request form specifying the

ground(s) for the repeal thereof shall be submitted and accompanied by the

document(s) of proof.

 

Article 78

Where, pursuant to Paragraph 2, Article 88 of the Act, the exploitation under

compulsory licensing shall be authorized predominantly for the supply of the

domestic market, the Specific Patent Agency shall, in the decision approving

compulsory licensing, specify that the following items be disclosed by the licensee in

an appropriate manner:

1. information on the exploitation of the compulsory license; and

2. the quantity and flow of products manufactured.

 

Article 79

Marking of a patent certificate number prescribed under Article 98 of the Act shall not

be made after the patent is extinguished or its revocation becomes final and binding,

unless a patent certificate number has been marked on the patented article and the

patented article has been circulated into the market before the patent is extinguished

or its revocation becomes final and binding.

 

Article 80

Where a patent certificate is destroyed, lost or damaged to the extent that it is no

longer usable, the patentee shall apply for issuance of a replacement or a substitution,

stating the reasons in writing.

 

Article 81

When requesting for a post-grant amendment to the description or drawing(s)

pursuant to Article 139 of the Act, a request form shall be submitted and accompanied

by a complete set of description or drawing(s) after the post-grant amendment without

marks.

The request form referred to in the preceding paragraph shall specify the following

items:

1.where a post-grant amendment is made to the description, the page number(s), line number(s) thereof, the contents amended and reasons for the post-grant amendment;

2.where a post-grant amendment is made to the drawing(s), the title(s) thereof and

reasons for the post-grant amendment.

The contents amended shall specify the contents before and after the post-grant

amendment; the original disclosure to be deleted shall be presented by a strike line

crossing out the deleted text(s); the added disclosure shall be presented by underlining

the added text(s).

The reasons for post-grant amendment referred to in Paragraph 2 shall specify the

applied provision(s) of Paragraph 1, Article 139 of the Act.

When requesting for a post-grant amendment during invalidation proceedings, the

patentee shall specify the number of invalidation action in the request form.

 

Article 82

The Patent Registry shall specify the following information:

1. title of invention, utility model or design;

2. patent term;

3. name, nationality, and domicile/residence or business establishment of the patentee;

4. name and business establishment of the agent, if an agent is designated;

5. filing date and application number;

6. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,

the reciprocal country or the WTO member receiving the respective first patent

application(s), application number(s) and filing date(s) thereof;

7. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,

the respective application number(s) and filing date(s) thereof;

8. publication date and patent certificate number;

9. name of the assignee or successor, and the date of recordation of patent assignment

or inheritance;

10. name of the settlor or trustee, and the date of recordation of entrustment, deletion,

or attribution of trust;

11. name of the licensee and date of recordation of license;

12. name of the pledgee and date of recordation of pledge establishment, alteration, or

deletion of pledge;

13. name, nationality, and domicile/residence or business establishment of the

compulsory licensee, and the date of approval or repeal of a compulsory license;

14. cause(s) and date of issuance of replacement of patent certificate;

15. extension or prolongation of patent term and the date of approval;

16. cause(s) and date of the extinguishment or revocation of a patent; for an invention

or a utility model patent, where parts of the claims are deleted or revoked, the

number(s) of such parts of claims shall be specified;

17. name of the depository, date of deposit, and depository number; and

18. any other matters with respect to the patent or prescribed by laws.

 

Article 83

Whenever a patent is published by the Specific Patent Agency, the following items

shall be listed in the Patent Gazette:

1. patent certificate number;

2. publication date;

3. laying open number and laying open date for an invention patent;

4. international patent classification or the international classification for industrial

designs;

5. filing date;

6. application number;

7. title of invention, utility model or design;

8. name(s) of the inventor(s) of the invention, the creator(s) of the utility model or the

designer(s) of the design;

9. name and domicile/residence or business establishment of the applicant;

10. name of the agent, if an agent is designated;

11. claim(s) and drawing(s) of the invention patent or the utility model patent;

drawing(s) of the design patent;

12. brief description of drawing(s) or description of design;

13. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,

the reciprocal country or the WTO member receiving the respective first patent

application(s), application number(s) and filing date(s) thereof;

14. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,

the respective application number(s) and filing date(s) thereof; and

15. for an invention involving a biological material or utilization of a biological

material, name of the depository, the deposit date and the deposit number; and

16. the declaration that a patent application for invention in respect of the same

creation is filed by the same person on the same date.

 

Article 84

Whenever a request for a post-grant amendment is approved by the Specific Patent

Agency, the following items shall be published in the Patent Gazette:

1. patent certificate number;

2. publication date of the patent;

3. application number;

4. title of invention, utility model or design;

5. name of the patentee; and

6. amended contents.

 

Article 85

Whenever an invalidation decision is rendered by the Specific Patent Agency, the

following items shall be published in the Patent Gazette:

1. number of invalidation action;

2. title of invention, utility model or design;

3. name and domicile/residence or business establishment of the patentee;

4. name of the invalidation requester;

5. name of the agent, if an agent is designated;

6. date of filing of the invalidation action;

7. syllabus of the decision; and

8. reasons of the decision.

 

Article 86

Where the applicant has a need to postpone the publication of a patent, he or she may

apply to the Specific Patent Agency for the postponement thereof at the time of

paying the patent certificate fee and the first year patent annuity fee. The requested

term of postponement shall not exceed a period of six (6) months.

 

Chapter 6 Supplementary Provisions

Article 87

Where the Specific Patent Agency notifies the applicant to retrieve the model(s),

sample(s) or documentary evidence submitted pursuant to the Act within a specified

time limit but the applicant fails to retrieve such items within the specified time limit,

the Specific Patent Agency may dispose of these items at its discretion.

 

Article 88

For any application filed pursuant to the Act and these Enforcement Rules, the form,

description, claim(s), abstract and drawing(s) thereof shall conform to the designated

written format after the implementation of this amended Act.

Under any of the following circumstances, the description, drawing(s), and

description of drawing(s), other than the request form, shall conform to the designated

written format prior to the implementation of this amended Act:

1.a patent application for invention or utility model filed within three (3) months after

implementation of this amended Act;

2.for an application filed in a foreign language prior to implementation of this

amended Act, the description, claim(s), drawing(s) or description of drawing(s)

submitted within six (6) months after implementation of this amended Act; or

3.for an application filed prior to implementation of this amended Act or pursuant to Subparagraph 1, when applying for an amendment or a post-grant amendment after

implementation of this amended Act, the amended description, claim(s), drawing(s) or

description of drawing(s).

 

Article 89

For a patent application for design filed pursuant to Paragraph 2, Article 121 or

Paragraph 2, Article 129 of the Act, if the priority date thereof predates the

implementation date of the amended Act, the implementation date of the amended Act

shall be regarded as the priority date.

 

Article 89-1

The patent files such as application documents, description, claim(s), abstract,

drawing(s), and illustration(s) deemed worth preserving by the Specific Patent

Agency as set forth in Paragraph 1, Article 143 of the Act shall refer to these of the

following patent cases

1.the invention patent is  requested for  compulsory licensing.

2.the patents filed by an ROC national who is a Nobel laureate.

3.the patent has been awarded the National Invention and Creation Award.

4.the patent is filed for an invalidation action and the decision thereof is filed for

administrative remedy actions.

5.the patent is filed for an opposition and the decision thereof is filed for

administrative remedy actions.

6.the other patents are deemed by Specific Patent Agency to facilitate technological

development of historical significance, economic value, or to have been involved in a

major patent litigation case.

 

Article 90

These Enforcement Rules shall enter into force on January 1, 2013.

The amendment of these Enforcement Rules, except that the April 19, 2017

amendment shall be effective on May 1, 2017 and the September 27, 2019

amendment shall be effective on November 1, 2019, shall enter into force following

its promulgation date.