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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.
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