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Title: Enforcement Rules of the Patent Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 1 General Provisions
Article 1
These Enforcement Rules are formulated pursuant to Article 158 of the Patent Act (hereinafter referred to as the Act).
Article 2
Any application to be filed pursuant to the Act and these Enforcement Rules shall, except that to be filed by electronic means pursuant to Article 19 of the Act, be in written form and shall be affixed with the signature or seal of the applicant, or the signature or seal of the patent agent appointed by the applicant. The Specific Patent Agency may, as it deems necessary, request the applicant to submit the document(s) proving the identity of the natural or juristic person.
Any application to be filed in written form pursuant to the Act and these Enforcement Rules shall use the written forms designated by the Specific Patent Agency; the formats and number of copies thereof shall be prescribed by the Specific Patent Agency.
Article 3
Where the Chinese translation of technical terminology has been made by the National Academy for Educational Research, such official translation shall prevail. However, in the absence of such official translation or as it deems necessary, the Specific Patent Agency may request the applicant to annotate the Chinese terminology with its original foreign version.
The document(s) for filing a patent application or other proceedings shall be in Chinese. In case any document(s) of proof is written in a foreign language, the Specific Patent Agency may, as it deems necessary, request the applicant to submit a full-text Chinese translation or a Chinese translation of an excerpt thereof.
Article 4
Any document(s) of proof submitted pursuant to the Act and these Enforcement Rules shall be the original or the certified copy thereof.
Upon making preliminary showing that the photocopy of the document(s) of proof is identical to the original or the certified copy, except for the certified priority document, the parties involved may submit the photocopy instead. However, where a photocopy of the documentary evidence is submitted as evidence of invalidation, it shall be proved to be identical to the original or the certified copy thereof.
When the original or the certified copy of the document(s) of proof has been verified by the Specific Patent Agency, it may be returned to the applicant.
Article 5
Where a person files a patent application or taking other proceedings in connection with patent matters in written form, the date of application and other proceedings shall be the date on which the Specific Patent Agency receives the written document; however, where the delivery thereof is made via post, the date of application and other proceedings shall be the postmark date.
The date of application and other proceedings whose postmark date appears to be ambiguous shall be the date of receipt by the Specific Patent Agency, unless otherwise proved by the parties involved.
Article 6
With regard to the time period(s) specified by Specific Patent Agency pursuant to the Act and these Enforcement Rules, an applicant may, prior to the expiration thereof, make a request stating the reasons for the delay to the Specific Patent Agency for an extension.
Article 7
Where a request is made for recordation of the change to the name, seal, domicile/residence, or business establishment of the applicant, the document(s) of proof shall accompany such request. This provision shall not apply where the change thereto needs not be proved by document(s).
Article 8
Where a change of entitled applicant is requested due to a transfer of the right to apply for patent, the request shall be submitted and accompanied by the following documents:
1. in the event that the change of entitled applicant is due to an assignment, the deed of assignment of the right to apply for patent or document(s) of proof of the assignment; where the assignment is made due to amalgamation or acquisition of companies, however, the document(s) of proof of the amalgamation or acquisition should be submitted;
2. in the event that the change of entitled applicant is due to inheritance, the certificate of death and the instrument of succession.
Article 9
Where the applicant designates an agent, the document specifying the extent of power conferred upon the agent and the address to receive service shall be submitted to the Specific Patent Agency.
Where agents for patent application and other proceedings are designated, the number of agents shall not exceed three (3).
Where two or more agents are designated, each of them may act on behalf of the applicant severally.
In the event that the designation violates the provision of the preceding paragraph, the agent still may act on behalf of the applicant severally.
Where the power or agent is changed, unless a written notice is submitted to the Specific Patent Agency, such change has no effect to the Specific Patent Agency.
Any change to the agent’s address shall be reported to the Specific Patent Agency.
Article 10
The agent may take any action within the extent of power conferred upon. However, actions of designating or discharging an agent, withdrawing a patent application, withdrawing a divisional patent application, withdrawing a converted patent application, withdrawing a request for reexamination, withdrawing a request for post-grant amendment, withdrawing an invalidation action, or abandoning a patent right shall not be taken without being specially empowered.
Article 11
Where the application documents do not conform to statutory requirements but such nonconformance may be remedied, the Specific Patent Agency shall notify the applicant to complete the requirements within a specified time limit; where the requirements are not completed within the specified time limit or are still incomplete, the application shall be processed pursuant to Paragraph 1, Article 17 of the Act.
Article 12
When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request form shall be submitted to the Specific Patent Agency stating the reasons for the delay and the date of extinguishment of such delay, and accompanied by the document(s) of proof.