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Chapter Law Content

Title: Patent Attorney Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter Two: Practice And Responsibility
Article 6
A patent attorney shall begin practice only after joining the Patent Attorneys Association.
Article 7
A patent attorney shall practice in one of the following ways:
1. Set up a patent firm.
2. Employed by a firm engaging in patent professional services.
3. Employed by a judicial association or a judicial person established or registered according to the law.
A patent attorney employed by a juridical person prescribed in subparagraph 3 of the preceding paragraph shall serve as a full-time attorney and shall not engage in any practices prescribed in the subparagraphs of Article 9 for other juridical persons other than the employer.
Article 8
The Specific Patent Agency shall establish a database of patent attorneys containing the following particulars:
1. Name, sex/gender, date of birth, address and identification card number;
2. Summary of educational background and professional experience(s);
3. Business practice location and address ;
4. Serial number of the Patent Attorney License;
5. Date of enrollment to the Patent Attorneys Association;
6. Category, date, and reasons of disciplinary actions or punishment received.
The Patent Attorneys Association shall provide the data of patent attorneys prescribed in the preceding paragraph to the Specific Patent Agency forestablishing a database of patent attorneys.
The patent attorney concerned shall report to the Specific Patent Agency within 30 days from the date of occurrence of any changes to the particulars prescribed in subparagraphs 1 and 3 of paragraph 1 for record.
The Specific Patent Agency may disclose the data of the particulars prescribed in paragraph 1 apart from the data concerning the date of birth, address, and identification card number specified in subparagraph 1 in an appropriate manner for public interests.
Article 9
The scope of the commissioned practices of a patent attorney is as follows:
1. Matters involving patent filing;
2. Matters involving patent invalidation;
3. Matters involving register of assignment, trust, pledge, licensing and compulsory licensing of patent right;
4. Matters involving administrative appeals or litigations of patents;
5. Matters involving patent infringement assessment;
6. Matters involving patent consultation; and
7. Other patent operations prescribed in accordance with the Patent Act and other relevant laws and regulations.
Article 10
A patent attorney is prohibited from accepting representation in the following situations:
1. Instances where he/she or another patent attorney in his/her firm has previously accepted representation of the same matter from a respondent party to his/her or their client;
2. Instances where a matter had been previously handled while employed at an administrative institution or the court; and
3. Instances where a related matter had been previously assigned by an administrative institution or the court.
Article 11
A patent attorney, after accepting representation, shall loyally engage in services as designated; a patent attorney shall be liable for damages and compensation to a client for losses incurred due to lack of due diligence or negligence.
Article 12
Patent attorney shall not engage in the following conducts:
1. Deceiving or beguiling acts toward the Specific Patent Agency or his/her client;
2. Soliciting business engagement by improper means;
3. Disclosing or appropriating the content of cases of his/her client;
4. Posting or publishing notices amounting to fraud or threat in his/her name or the name of another; and
5. Allowing others to practice as a patent attorney under his/her name.
Article 12-1
A patent attorney shall continuously participate in on-the-job training and provides documents proving that such on-the-job training is completed to the Specific Patent Agency every 2 years.
Regulations governing the training implementation methods, required minimum hours, fees , procedures for handling rules infractions, and other related matters prescribed in the preceding paragraph shall be stipulated by the Competent Authority after consulting the Patent Attorneys Association.
Article 13
Anyone without a Patent Attorney License is not to use the title of patent attorney.
Article 14
A non-citizen who obtains a Patent Attorney License in accordance with this Act is subject to approval by the Component Authority before engaging in patent attorney professional services in the Republic of China, and shall abide by all laws and regulations of the Republic of China as well as the statute of incorporation of the Patent Attorneys Association.
Article 15
A non-citizen who practices as a patent attorney in the Republic of China shall present all statements to the Competent Authority in the official language of the Republic of China; the documents as presented shall mainly be in the official language of the Republic of China.