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.

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.

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.

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.

When filing a patent application for invention, the description shall contain the following items:
1. title of invention;
2. technical field;
3. prior art: indicate the prior art known to the applicant, where relevant materials reflect such art may be submitted;
4. summary of invention: disclose the problem(s) that the invention aims to solve and its technical solution adopted to solve the problem(s); and state any advantageous effects of the invention with reference to the prior art;
5. brief description of drawing(s): where the description is accompanied by drawing(s), description of the drawing(s) shall be made concisely according to the drawing sequence;
6. description of embodiments: describe at least one way of carrying out the invention, use examples where appropriate, and refer 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 arranged with four consecutive Arabic numbers in separate square brackets so that each of the paragraphs can be clearly identified.
The title of invention should concisely state the contents of the claimed inventions; irrelevant wording is not 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 biological material is deposited in a depository as specified in Paragraph 5 Article 27 of the Act, the certificate issued by the aforementioned depository shall include a viability test report of the deposited biological material.
Where a patent application for invention contains disclosure of one or more nucleotides and/or amino acids sequence, a sequence listing produced in compliance with the standard provided by the Specific Patent Agency shall be submitted as a separate part of the description. In addition, the said sequence listing may be submitted in the electronic version thereof in compliance with the requirement of the Specific Patent Agency.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
Where the description prescribed in Subparagraph 1 of Paragraph 1 is not completely quoted from the description of the original patent application, the discrepancies between the two descriptions shall be marked; the deleted original disclosure shall be indicated by a strikethrough of the deleted text(s); the added disclosure shall be indicated by underlining the added text(s); the discrepancies may be illustrated in the request form prescribed in Paragraph 1.
The divisional patent application shall not differ from the original patent application in its type.

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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.

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.

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.

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.

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.

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.

When requesting to amend 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 deleted original disclosure shall be indicated by a strikethrough of the deleted text(s); the added disclosure shall be indicated by underlining the added 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.

When requesting to correct 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 deleted original disclosure shall be indicated by a strikethrough of the deleted text(s); the added disclosure shall be indicated 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.

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.

Prior to examination decision being rendered , any person considering that the claimed inventions shall not be granted may submit observations to the Specific Patent Agency, along with reasons and document(s) of proof.