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Title: Patent Attorney Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter One: General Principles
Article 1
This Act is enacted for protecting the rights and interests of patent applicants, strengthening the management of patent professional services, and establishing the patent attorney system.
Article 2
The government authority under this Act is the Ministry of Economic Affairs (MOEA).
The administrative affairs of patent attorneys shall be handled by the Authority appointed by the MOEA.
Article 3
A citizen the Republic of China , who has successfully passed the Patent Attorney Eligibility Examination and obtained a Patent Attorney License in accordance with this Act, may practice as a patent attorney.
A non-citizen may take the Patent Attorney Eligibility Examination in accordance with the laws of the Republic of China; a non-citizen who successfully passes the Patent Attorney Eligibility Examination and obtains a Patent Attorney License in accordance with this Act may practice as a patent attorney.
Article 4
Any person who, for having any of the following circumstances, shall not practice as a patent attorney; where he/she is in practice, his/her Patent Attorney License shall be revoked or abolished:
1. Having been convicted of a crime as a result of engaging in professional services and sentenced to a term of imprisonment of one year or more by a domestic court or a foreign court. Exceptions to this provision are where one has been released on "probation," or one's conviction(s) involved a "non-intentional" crime.
2. Having been expulsed for a cause prescribed in this Act.
3. Having been revoked of the examination qualification according to the provisions of Professionals and Technologists Examination Act.
4. Having been declared a guardianship or assistantship which is still in effect.
5. Having been declared bankrupt, with resolution still pending.
On whose Patent Attorney License was revoked or abolished due to the provisions prescribed in subparagraphs 4 and 5 of the preceding paragraph is entitled to apply for a Patent Attorney License whenever the conditions concerned cease to exist.
Article 5
One who has successfully passed the Patent Attorney Eligibility Examination and completed a prevocational training, may file an application with the Competent Authority together with the certification fee and the following documents for the issuance of a Patent Attorney License:
1. An application form;
2. Certificate of passing the Patent Attorney Eligibility Examination or documents evidencing such qualification;
3. Document(s) evidencing one's identification; and
4. Certificate of completing a prevocational training.
A patent attorney, who applies for replacing or re-issuing a patent attorney license due to loss, destruction, or damage of the license, shall file an application with the Competent Authority together with the certification fee and the documents prescribed in subparagraphs 1 and 3 of the preceding paragraph.
The training duration, implementation, withdrawal, termination, re-training and other relevant matters of the prevocational training prescribed in paragraph 1 shall be established by the Competent Authority.