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Chapter Law Content

Title: Enforcement Rules of the Patent Act CH
Category: Ministry of Economic Affairs(經濟部)
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.