Enforcement Rules of Taiwan Patent Act |
Announced on Sept. 26, 1947 by the Executive Yuan order
Enforced on Jan. 1, 1949
Amended & announced on Aug. 16, 1958 by the Executive Yuan Order
Amended & announced on Aug. 22, 1973 by the Ministry of Economic Affairs (MOEA) Order
Amended & announced on Oct. 2, 1981 by the MOEA Order
Amended & announced on Apr. 18, 1986 by the MOEA Order
Amended & announced on July 10, 1987 by the MOEA Order
Amended & announced on Oct. 3, 1994 by the MOEA Order
Amended & announced on Nov. 6, 2002 by the MOEA Order No. Jing-Zhi 09104625840
Amended & announced on Apr. 7, 2004 by the MOEA Order No. Jing-Zhi 0930462930, and took effect on July 1, 2004
Amended & announced on Aug. 19, 2008 by the MOEA Order No. Jing-Zhi 09704604340 |
Chapter 1 General Provisions |
Article 1
These Implementing Regulations are formulated pursuant to Article 137 of the Patent Act (hereinafter referred to as this Act). |
Article 2
Any application to be filed in accordance with the provisions of this Act shall, except that to be filed by electronic means pursuant to Article 19 of this Act, be in a written form and shall be affixed with the signature or seal of the applicant, or may be affixed only with the signature or seal of the patent agent, if already appointed. If the Patent Authority deems it is necessary, request may be required, by a notice, to submit the personal identity card or the Certificate of Incorporation of the applicant.
Any application to be filed in written forms in accordance with the provisions of this Act and these Implementing Regulations shall use the forms designated by the Patent Authority.The formats and numbers of which shall be prescribed by the Patent Authority. |
Article 3
Where Chinese translation of a scientific terminology has been made and published by the National Institute for Compilation and Translation ,such official translation shall prevail.Nevertheless, in the absence of such official translation or if it is deemed necessary, the Patent Authority may request the applicant to annotate the Chinese terminology with its original foreign version.
The application and all relevant documents submitted shall be in Chinese. In case any evidentiary document is written in a foreign language, the Patent Authority may, as it is deemed necessary, request the applicant to submit a full text Chinese translation or a Chinese translation of an excerpt thereof. |
Article 4
Any certifying document submitted pursuant to this Act and these Implementing Regulations shall be the original version thereof.
Upon clarifying that photocopied certifying document is identical to the original, the applicant may submit the photocopy instead. However, if the photocopy of the certifying document is provided as evidence of an invalidation, it shall be proved to be consistent with the original.
When the original version of a certifying document has been verified by the Patent Authority as correct and error-free, it shall be returned to the applicant. |
Article 5
The date of receipt shall be the date on which the Patent Authority receives the document and articles submitted by the applicant; however, if the delivery thereof is made via registered mail, the date of receipt shall be the postmark date. |
Article 6
With regard to the time period(s) specified in this Act and these Implementing Regulations, an applicant may, prior to the expiration thereof, make a request to the Patent Authority for an extension of a time limit. |
Article 7
Where a request for record of the change is made in the name or title, seal, residence or business authority of the applicant, the certifying document(s) shall be concurrently submitted. This provision shall not apply where the change thereto is not necessary to be certified. |
Article 8
When the applicant appoints a patent attorney, a Power of Attorney shall be submitted to the Patent Authority to specify the extent of power conferred upon the attorney and the address to receive service.
The number of patent attorney shall not exceed three (3) persons.
If two or more patent attorneys are appointed, each of them may act on behalf of the applicant severally.
In the event the appointment violates the provision of the preceding Paragraph, the patent attorney still may act on behalf of the applicant severally.
The patent attorney may, through his consent , appoint other person as his subagent.
If the powers or agents are changed, unless a written notice is submitted to the Patent Authority, such change is not recognized by the Patent Authority.
Any change in the patent agent's address or seal shall be reported to the Patent Authority for correction.
The applicant may submit a written trust to designate a third person as recipient. |
Article 9
If the application does not conform statutory form of procedure and has to be supplemented, the Patent Authority shall notify the applicant to make supplement within the prescribed period; if the supplement is not made within the prescribed time limit or the supplement is still incomplete, the application shall be processed according to provision of Paragraph 1, Article 17 of this Act. |
Article 10
While applying for reinstatement under Paragraph 2 of Article 17 of this Act, the applicant shall submit to the Patent Authority an application stating the reasons for the delay and the reasons for extinguishment along with the date accompanied by documentary evidence. |
Article 11
The period of twelve (12) months as prescribed in Paragraph 1, Article 27 of this Act shall be counted from the day following the date on which the foreign application was first filed to the filing date as prescribed in Paragraph 3, Article 25 of this Act.
The period of six (6) months as prescribed in Paragraph 2, Article 129 of this Act shall be counted from the day following the date on which the foreign application was first filed to the filing date as prescribed in Paragraph 3, Article 116 of this Act. |
Article 12
Where a change of the entitled applicant for a patent in accordance with the provision of Article 10 of this Act is requested, a written agreement on the ownership of the right to apply for a patent or other relevant certifying documents shall be submitted.
Where a change of the entitled patentee in accordance with the provision of Article 10 of this Act is requested, the Patent Certiificate and a written agreement on the ownership of the patent or other relevant certifying documents shall be submitted. |
Article 13
Where a change of entitled applicant is requested due to inheritance of the right to apply for patent, the applicant shall submit an application along with the following documents:
1. If the change of title is due to an assignment, a Deed of Assignment on the right to apply for patent or another certifying documents provided by the assignor. However, if the assignment is made due to amalgamation of companies, the documentary evidence of the amalgamation.
2. If the change of title is due to inheritance, the certificate of death and the instrument of succession. |
