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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/21 20:33
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Chapter Law Content

Title: PATENT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter II Invention Patent
Section 1 Patentability
Article 21
Definition of invention
"Invention" means the creation of technical ideas, utilizing the laws of nature.
Article 22
Substantial conditions
An invention which is industrially applicable may be granted a patent upon application in accordance with this Act, except for the following:
1. the invention was disclosed in a printed publication prior to the filing of the patent application;
2. the invention was publicly exploited prior to the filing of the patent application; or
3. the invention was publicly known prior to the filing of the patent application.
An invention that is without the circumstances prescribed in the subparagraphs of the preceding paragraph but can be easily made by a person ordinarily skilled in the art based on prior art shall not be patented .
A disclosure made by or against the applicant’s will shall not be deemed as one of the circumstances that would preclude the grant of an invention patent prescribed in the subparagraphs of Paragraph 1 or the preceding paragraph, provided that the concerned patent application is filed within twelve (12) months after the date of the disclosure.
For the publication in a gazette made in this country or a foreign country in accordance with the laws as the consequence of filing a patent application and made by the applicant’s will, the preceding paragraph is not applicable.
Article 23
Deemed as lack of novelty
Where an invention claimed in a patent application for invention is identical to an invention or utility model disclosed in the description, claim(s) or drawing(s) of an earlier-filed patent application for invention or utility model which is laid open or published after the filing of the later-filed patent application, an invention patent shall not be granted; however, this shall not apply where the applicant of the later-filed patent application is also the applicant of the earlier-filed patent application for invention or utility model.
Article 24
Statutory exclusion
An invention patent shall not be granted in respect of any of the following:
1. animals, plants, and essential biological processes for the production of animals or plants, except for processes for producing microorganisms;
2. diagnostic, therapeutic and surgical methods for the treatment of humans or animals; or
3. inventions contrary to public order or morality.
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