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Title: Patent Attorney Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter Five: Supplementary Provisions
Article 35
(deleted)
Article 36
Any person who obtained a patent agent license prior to the effective date of this Act may continue engaging in the practices prescribed in Article 9 after the effective date of this Act.
Paragraph 2 of Article 5, Articles 7, 8 and 11 shall apply mutatis mutandis to patent agents.
Article 37
Persons who, under any of the following situations, shall not practice as a patent agent; where he/she has been practicing as a patent agent, his/her Patent Agent License shall be revoked:
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. 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 declared a guardianship or assistantship which is still in effect.
3. Having been declared bankrupt, with resolution still pending.
4. Having been revoked or abolished of the qualification for obtaining the Patent Agent License according to the laws.
Article 37-1
Any person without a Patent Agent License or with the Patent Agent License revoked or repealed but accepts representation or hires a patent attorney to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for the purpose of making a profit, unless where such practices are in accordance with the laws shall be sentenced to imprisonment for no more than 3 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than four hundred thousand yuan but no more than two million yuan may be imposed.
Any person without a Patent Agent License or with the Patent Agent License revoked or repealed posts an advertisement or solicits businesses to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 and fails to cooperate after being ordered to cease the conduct within a specified time period or repeats the conduct after the period shall be imposed a fine of no less than one hundred thousand yuan but no more than five hundred thousand yuan and ordered to cease the conduct within a specified time period by the Specific Patent Agency. If such person fails to cooperate after being ordered to cease the conduct or repeats the conduct after the lapse of the period again, he/Such person, if after the lapse of the specified time period having not ceased the conduct or misbehaving again after cease, he/she shall be sentenced to imprisonment for no more than 1 year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than one hundred thousand yuan but no more than five hundred thousand yuan may be imposed.
Article 37-2
A patent agent who provides his/her Patent Agent License and seal or the logo of his/her patent firm to any person without a Patent Agent License to engage in the practices prescribed in Article 9 shall be sentenced to imprisonment for no more than 2 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than two hundred thousand yuan but no more than one billion yuan may be imposed.
Article 37-3
A patent agent who is suspended from practicing but accepts representation to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan and ordered to correct or cease the conduct within a specified time period by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.
Any person using the title as a patent agent without a Patent Agent License shall be imposed a fine of no less than thirty thousand yuan but no more than one hundred fifty thousand yuan and ordered to cease the conduct within a specified time period by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.
The preceding paragraph shall apply as well to where any person uses the title as a patent agent after his /her Patent Agent License is revoked or repealed.
Article 37-4
A patent agent shall continuously participate in the on-the-job training and provides documents proving that such on-the-job training is completed to the Specific Patent Agency every 2 years.
The on-the-job training prescribed in the preceding paragraph shall be governed by the relevant items regulated by the competent authority as prescribed under Paragraph 2 of Article 12-1.
A patent agent who does not proceed the on-the-job training in accordance with Paragraph 1 shall be notified to correct that within 6 months by the patent authority. One who fails to complete the correction after the lapse of time shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan by the Specific Patent Agency.
Article 38
A patent agent is prohibited from engaging in professional service as follows:
1. Instances where he/she or another patent attorney or patent agent 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.
Patent agent shall not engage in the following conducts:
1. Deceiving or beguiling acts toward the Competent Authority 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 agent under his/her name.
Article 39
A patent agent who violates the preceding article, Article 7 applicable mutatis mutandis under Paragraph 2 of Article 36, or being convicted by a final and irrevocable judgement or ruling for a crime relevant to his/her profession shall be subject to disciplinary actions in the form of a warning, a reprimand, suspension from practicing for a period not less than 2 months but no more than 2 years, or revocation of the Patent Agent License, depending on the severity of the misbehaving conduct, by the Specific Patent Agency.
A patent agent who has received 3 warnings accumulatively shall be deemed as receiving one reprimand; a patent agent who has received 3 reprimands accumulatively shall be subject to the disciplinary action of suspension from practicing. Where the accumulative time period of suspension from practicing of a patent agent reaches to 3 years, his/her Patent Agent License shall be repealed.
Article 40
This Act shall become effective 6 months from the date of promulgation.
The amendments made to this Act, except the provisions amended on May 27, 2009 and effective since November 23, 2009 and the provisions amended on July 1, 2015 and effective 6 months from the date of promulgation, shall come into force on the date of promulgation.