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Chapter Law Content

Title: Enforcement Rules of the Patent Act CH
Category: Ministry of Economic Affairs(經濟部)
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 shall enter into force on the date of promulgation, except the amendment promulgated on April 19, 2017, which entered into force on May 1, 2017, the amendment promulgated on September 27, 2019, which entered into force on November 1, 2019, and the amendment promulgated on March 24, 2023, which entered into force on May 1, 2023.