Chapter 3 Patent rights |
Article 37
The wording "prior to the filing of application" as referred to in the provisions of Items 2 and 3 of Paragraph 1 of Article 57, Paragraph 1 of Article 87, Article 108 in applying mutatis mutandis Items 2 and 3, Paragraph 1 of Article 57 and Items 2 and 3, Paragraph 1 of Article 125, mean prior to priority date, if priority is claimed under Paragraph 1 of Article 27 or Paragraph 1 of Article 29 of this Act.
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Article 38
The wording "original enterprise" as referred to in the provisions of Paragraph 2 of Article 57 and Paragraph 2 of Article 125 of this Act means "the scale of enterprise prior to filing of application" in the case of Item 2, Paragraph 1 of Article 57 and Item 2, Paragraph 1 of Article 125; and "scale of enterprise prior to filing of invalidation" in the case of Item 5, Paragraph 1 of Article 57 and Item 5, Paragraph 1 of Article 125. |
Article 39
The wording "the areas in which sale can be made" as referred to in the provisions of Paragraph 2 of Article 57 and Paragraph 2 of Article 125 of this Act shall be determined by the Court on the basis of agreement on the contract, real intention of the parties concerned, customary practice in trading, or other objective facts accordingly. |
Article 40
In applying for patent right assignment registration and issuance of a new patent certificate, the original patentee or the assignee shall submit a request, the original Letters Patent and the patent right assignment agreement or other document(s) certifying such assignment.
Where the request for patent right succession registration and issuance of a new patent certificate is caused by amalgamation of companies, the supporting documents to be required shall be the documents certifying such amalgamation. |
Article 41
In applying for patent right entrustment registration and issuance of a new Letters Patent, the original patentee or the trustee shall submit a request, Letters Patent along with the following documents:
1. for registration of patent right entrustment, the entrustment agreement or the document(s) certifying such entrustment arrangement.
2. for entrustment registration after the patent right at issue has been obtained by the trustee upon extinguishments of the trust relation, the entrustment agreement or the document(s) certifying the extinguishments of the trust relation.
3. for entrustment attribution, registration after the patent right has been attributed to a third party upon extinguishments of the trust relation, the entrustment agreement or the document(s) certifying the right attribution by trust.
4. for alteration of other matters in the patent right entrustment registration, the document(s) certifying such alteration. |
Article 42
Where a license registration of patent right is requested, the patentee or the licensee shall submit a request accompanied by the licensing agreement or the documentary evidence certifying such license.
The licensing agreement or the certifying document(s) to be submitted under the preceding Paragraph shall state the scope, area and term of license.The term of license shall be limited within the duration of the patent right. |
Article 43
Where a pledge registration of a patent right is requested, the patentee or the pledgee shall submit a request, Letters Patent along with the following documents:
1. for registration of pledge created on patent right, the pledge creation agreement.
2. for registration of alteration in the pledge, the document(s) certifying such alteration.
3. for registration of extinguishment of the pledge on patent right, the document(s) certifying the full discharge of pledged liabilities, or the documentary evidence certifying the consent of all parties involved to the deregistration of pledge.
The pledge creation agreement as required in the Item 1 preceding Paragraph shall indicate title of the invention, utility model, or the title of the article with new design, the number of the Letters Patent, and the amount of obligation by the pledge.The term of the pledge shall be limited to not exceeding the term of the patent right.
In disposal of the registration prescribed in Paragraph 1, the Patent Authority shall have the relevant items annotated in the Letters Patent and its patent register. |
Article 44
In applying for succession registration of patent right and issuance of a new Letters Patent, a request annexed thereto with the certificate of death and the instrument of succession, and the original Letters Patent shall be concurrently submitted. |
Article 45
When the patentee of an invention patent or a utility model patent applies for correction of the specification or drawings, an application shall be submitted, accompanied by the following documents:
1. the corrected sheet(s) of specifications on which the corrected portions are underlined;
2. specifications without underlines after correction or replacement sheet(s) of drawings; if the page numbers of the original specification or drawings are not continuous because of such correction, a complete set of specification or drawings after correction shall be submitted. |
Article 46
In applying for a compulsory license, a request shall be submitted accompanied by the detailed project for exploitation, the cause of applying for the compulsory license and its related documents.
In applying for revocation of a compulsory license, a request stating the manifested reasons to revoke the compulsory license shall be submitted accompanied by the documentary evidence. |
Article 47
Marking of a Letters Patent number as stipulated in Article 79 of this Act shall not be made after the patent is extinguished or its revocation becomes irrevocable. |
Article 48
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 new Letters Patent by stating reasons in writing.The damaged Letters Patent shall be returned to the Patent Authority. |
Article 49
Where a request for correcting the description of the drawings is made by the patentee of a design patent, an application shall be submitted along with by the following documents:
1. the corrected sheet(s) of description of the drawings, on which the corrected portion are underlined.
2. a complete set of description of the drawings without underlines after correction. However, in case the correction is made only to the drawings, a complete set of drawings after correction shall be submitted. |
Article 50
Where a request for rendering a technical report on a utility model patent as specified in Paragraph 1, Article 103 of this Act is made, an application stating the following items shall be submitted:
1. application number;
2. title of the utility model;
3. name or title, domicile/residence or business authority of the applicant who requests for rendering a technical report; if a representative is appointed, the name of the representative as well;
4. if a patent attorney is entrusted, the name and business authority thereof;
5. whether the applicant is the patentee. |
Article 51
The relevant documentary evidence as stipulated in Paragraph 4, Article 103 of this Act includes a written notification which issued by the patentee to a party not entitled to exploit the patent for commercial purpose, advertisement catalogues or other written documents reflecting the facts pertaining to commercial exploitation. |
Article 52
The technical report on a utility model patent shall contain the following items:
1. patent number of the utility model;
2. application number;
3. filing date;
4. priority date;.
5. the date that a request for rendering a technical report is made;
6. title of the utility model;
7. name or title, domicile/residence or business authority of the patentee;
8. if a patent attorney is entrusted, the name of the patent attorney;
9. name or title of the applicant who request for rendering a technical report on a utility model patent;
10. name of the patent examiner;
11. the international patent classification code;
12. the range of documents pertaining to the prior art;
13. comparative result. |
Article 53
The patent register shall contain the following information:
1. the title of invention, model utility or the title of the article applied to the design;
2. the duration of the patent;
3. name or title, nationality, domicile/residence or business authority address of the patentee;
4. if a patent attorney is entrusted, the name and business authority thereof;
5. filing date and application number;
6. where the priority stipulated in the provision of Paragraph 1, Article 27 of this Act was claimed, the name of the foreign country in which the corresponding foreign patent application was first filed, the application number and the filing date thereof;
7. where the priority stipulated in the provision of Paragraph 1, Article 29 of this Act was claimed, the application number and the filing date thereof;
8. date of granted patent and patent number;
9. filing dates, date of granted patent of an associated design application;
10. the date of patent assignment or recordal through inheritance, and name or title of the assignee and successor;
11. the date of recordal of trust, cancellation or reversion of patent right, and names or titles of the truster or trustee;
12. name or title of the licensee and date of license registration;
13. the date of recordal of creation, change or extinction in a pledge of patent and name or title of the pledge;
14. name or title, nationality, domicile/residence or business authority of the compulsory licensee, and the date of approval or revocation of a compulsory license;
15. cause(s) and date of issuance of a new Letters Patent;
16. extension of patent term or prolongation and the date of approval;
17. the cause(s) and its date for the extinguishment or revocation of a patent;
18. name of the depository institute, the deposit date and the deposit number; and
19. any other statutory rights and matters related to the patent. |
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