WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/I/2
25 June 2002
(02-3514)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Enforcement Rules of the Patent Law, as
last amended on 3 October 1994, as notified by the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu, under Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte
1 du Règlement d'application de la Loi sur les brevets,
modifié en dernier lieu le 3 octobre 1994, qui a été notifié par le Territoire douanier distinct de
Taiwan, Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto
1 del Reglamento de aplicación de la Ley de
Patentes, modificado por última vez el 3 de octubre de 1994, notificado por el Territorio Aduanero
Distinto de Taiwán, Penghu, Kinmen y Matsu de c onformidad con lo dispuesto en el párrafo 2 del
artículo 63 del Acuerdo (véase el documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/I/2
Page 2
Enforcement Rules of the Patent Law
Announced on Sept. 26, 1947 by the Executive Yuan
Enforced on Jan. 1, 1949Amended & Announced on Aug. 16, 1958 by the Executive Yuan OrderAmended & Announced on Aug. 22, 1973 by the Ministry of Economic Affairs (MOEA) OrderAmended & Announced on Oct. 2, 1981 by the MOEA OrderAmended & Announced on April 18, 1986 by the MOEA OrderAmended & Announced on July 10, 1987 by the MOEA OrderAmended & Announced on Oct. 3, 1994 by the MOEA Order
Article 1
These Rules are enacted persuant to Article 133 of the Patent Law (hereinafter referred to as the Law).
Article 2
When an applicant appoints a patent agent, in acco rdance with Article 12 of the Law, the application
shall be stamped with the seal of the patent agent and a power-of-attorney shall be submitted to thePatent Office to specify the extent of power conferred upon the agent and the place to receive service.Said place shall be identical with that registered in the roster of patent agents.Change of the power of a patent agent or change of a patent agent shall be applied by the applicant tothe Patent Office.Change of the place to receive service or change of the registered seal of the patent agent shall beapplied with the Patent Office. Before a change is applied for, the place to receive service registeredin the roster of patent agents shall govern.When two or more patent agents are appointed, each of them may act severally unless the applicantconveys to the Patent Office that they shall act jointly.
Article 3
Change of residence, domicile or seal of an applicant shall be applied with the Patent Office.
Article 4
With respect to a patent application, the Patent Office may, if it deems necessary, require the applicantto submit personal identification or legal entity certification document(s).IP/N/1/TPKM/I/2
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Article 5
The representative designated by mutual agreement as referred to in Article 13 of the Law shall meanby agreement among all co-applicants, opposition petitioners, cancellation petitioners, or co-ownersof the patent.A patent application made by the aforesaid representative shall be accompanied by documentaryevidence of such agreement.
Article 6
The staff personnel serving the Patent Office as re ferred to in Article 16 of the Law shall mean the
personnel whose duties are directly or indirectly related to patent matters.
Article 7
If there are prescribed forms of documents for pa tent applications, such forms shall be followed. If
any application documentation does not conform to th e prescribed form or is not clear, the Patent
Office shall, upon receipt of such document, notify the applicant to correct it within a time limit; if theapplicant fails to correct in time, provisions in Para. 1, Article 18 of the Law shall apply.The phrase "before an administrative measure" as referred to in Para. 1, Article 18 of the Law shallmean before issuance of papers pertaining to an administrative measure.
Article 8
Time periods specified under the Law and these Rules may be changed by the Patent Office ex officioor upon request.Request for change of a specified time period shall be filed with the Patent Officewith reasons.
Article 9
Documents for patent applications delivered by the post office must be by registered mail. The PatentOffice shall use the postmark affixed by the originating post office to determine the priority ofapplications.Whether an applicant complies with various time periods prescribed in the Law orspecified by the Patent Office shall be determined either by the date of service of documents orarticles to the Patent Office or by the postmark of the originating post office if delivered by mail. Ifthe postmark is not clear, the date of service to the Patent Office shall govern unless the applicantprovides evidence to prove otherwise.An applicant may designate a third party as a substituterecipient of service by submitting a power-of-attorney.A post office box or a place designated to takereceipt of documents shall not be used as the domicile or residence of an applicant or a substituterecipient of service with respect to the receipt of service.IP/N/1/TPKM/I/2
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Article 10
If the last day of a period specified under the Law or these Rules for patent applications or otherprocedures falls on a Sunday or any other non-working day, the following working day shall bedeemed as the last day.If the last day of a period mentioned in the preceding paragraph falls on aSaturday, the morning of the following Monday shall be deemed as the deadline of service ofdocuments or articles to the Patent Office; however, this shall not apply to postal delivery.
Article 11
An application for a reinstatement under Para. 2, Article 18 of the Law shall be filed with the PatentOffice accompanied by documentary evidence, stating the reason(s) for the delay and the extinctiondate of the cause(s).
Article 12
An applicant shall not request for the return of any document of a patent application kept on file at thePatent Office; however, an application may be allowed to review, copy, photograph or photocopy saiddocument or any issuance of certificates relating to the patent.
Article 13
In reference to any provision for the time periods set forth in provisions of Items 1 & 3, Para. 1,Article 20 and Items 1 & 3, Para. 1, Article 98 of the Law, an applicant shall state at the time of theapplication all pertinent facts and dates of occurrences and submit all available documentaryevidence.
Article 14
All documents required for a patent application made under the Law and these Rules shall be writtenin Chinese; translation of any scientific terminol ogy shall be accompanied by its foreign original.
Chinese translations of scientific terminologies made by the National Institute of Compilation andTranslation shall be used in translating such termi nologies.If any of the said documents is originally
written in a foreign language, the original thereof must be submitted.
Article 15
Specifications and drawings required under Article 22 of the Law or Article 105 of the Law, whichprovides Article 22 shall apply mutatis mutandis, shall be prepared with paper size A4 (210x297mm)of the national standard. Specifications shall be written in columns proceeding from left to right, andsubmitted in duplicate to cover the following particulars:1. Title of the invention or new utility model; it must be in conformity with the contents of claims andwithout any irrelevant wording;IP/N/1/TPKM/I/2
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2. Name, nationality and domicile or residence of the inventor or creator;
3. Name, nationality and domicile or residence of the applicant; in the case of a legal entity, its name,office address and representative's name;4. For a claim of priority, name of country or area in which the first application was filed and theapplication number and date;5. An abstract of the invention or creation; it must be a concise description of the special features ofthe invention;6.A description of the invention or new utility model; it must be made in accordance with Article 22of the Law. In a case of an invention involving a microorganism, information that must be givenincludes its scientific name and bacteriological features, necessary gene drawings, the name of itsdeposit institute as well as the date and serial number of the deposit. In the case where a deposit of amicroorganism is not required, the source to  obtain such microorganism must be stated;
7.Summary description of drawings; it must be made  in simple words to describe the drawings and
symbols of major parts thereof accordin g to the sequence of the drawings; and
8.ClaimsDrawings must be drawn with Indian ink and identified by symbols according to the method ofindustrial plotting.To apply for patent-of-addition, a copy of the specification and drawings of theoriginal invention or new utility model application shall be submitted.
Article 16
The claims referred to in Item 8, Para. 1, Article 15 of these Rules may be expressed in more than oneindependent claims and the number of claims shall be in conformity with the contents of the inventionor creation. If necessary, there may be more than one dependent claim.An independent claim shallcontain the object to be patented, its construction, and the essential technical contents and features topractice it.A dependent claim shall contain the entire technical contents of the claim upon which itdepends and the technical features not contained in the claim upon which it depends.A dependentclaim depending on more than two claims shall be called a multiple dependent claim and expressed inthe alterative only.A dependent claim may be expr essed by other dependent claims; however, there
shall be no direct or indirect dependency among multiple dependent claims.If several claims aremade, they shall be expressed in numerical sequence with independent and dependent claims arrangedaccording to their dependency.An independent or a dependent claim shall be expressed in a singlesentence and the contents thereof shall not be expressed only by referring to the line numbers of thespecification or component symbols of drawings.
Article 17
For an invention, a new utility model or a new design for which a patent has already been applied in aforeign country before a patent application is filed in this country, the date and serial number of theIP/N/1/TPKM/I/2
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foreign application shall be stated in the specification and drawings. The Patent Office may, when it
deems necessary, require the applicant to submit, wi thin a time limit, relevant documents evidencing
the foreign application.
Article 18
The application documents to be submitted as referred to in the latter part of Article 25 of the Lawshall include copies of the specification, necessary drawings, claims, and other related documentscertified by the government of the accepting country.
Article 19
In order to make a research or experiment on an invention patent relating to a microorganism, asample of the microorganism deposited for patent application may be requested from the depositinstitute under one of the following circumstances:1.A patent relating to said microorganism is approved and published.2.An application for re-examination or a response to a proposed rejection is filed in accordance withArticle 40 of the Law.The sample microorganism obtained under the preceding paragraph shall not be provided to a thirdparty.
Article 20
With respect to a requested compromise as provided in article 27 of the Law, the Patent Office shallallow applicants a reasonable time limit for submission of the results of an agreement. Failure tosubmit an agreement within the time limit shall be deemed a failure to reach an agreement.
Article 21
An application for patent-of-addition under Article 28 of the Law or associated new design patent
under Para. 3, Article 107 of the Law, the original application number or the original patent numbershall be stated in the application form and specification.The Patent Office shall not allow a patent-of-addition until it issues a patent certificate for the original application.The Patent Office shall not allowan associated new design patent until it renders a decision allowing the original application.
Article 22
For changes to divisional applications under Article 32 or Article 105 of the Law, which provides thatArticle 32 shall apply mutatis mutandis, an application stating reasons shall be filed with the PatentOffice including two copies of the specification and necessary drawings for each of the divisional
applications and one copy of the specification and necessary drawings of the original application.IP/N/1/TPKM/I/2
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Article 23
For a patent application filed under Articles 34 and 35 of the Law, the applicant shall submit to thePatent Office in accordance with Article 22 of the Law an application together with a specification,necessary drawings, and an Oath. This shall also apply to patent applications filed under Article 105of the Law, which provides that Articles 34 and 35 shall apply mutatis mutandis.For a patent application filed under Article 122, which provides that Articles 34 and 35 shall applymutatis mutandis, the applicant shall submit in accordance with Article 112 of the Law to the PatentOffice an application together with drawings and an Oath.
Article 24
A written decision provided under Articles 38 and 43 as well as Article 73 of the Law, which providesthat Article 43 shall apply mutatis mutandis, shall contain the following information:1. Application or patent number;2. Title of the invention;3. Name(s) and domicile(s) or residence(s) of the applicant(s), opposition petitioner(s), cancellationpetitioner(s), and/or respondent(s); in case of a legal entity, its name, office address and the name ofits representative; if an agent is appointed, the name of the agent and place to receive service;4. Filing date of application;5. In the case of a claim for priority, name of the country or area in which the patent was first applied,its application number and date.6. Text and reasons of the decision; and7. The date of the decision.The provisions in the preceding paragraph shall apply to a written decision rendered under Article 105or 122 of the Law, which both provide that Articles 38 and 43 shall apply mutatis mutandis, andArticle 73 of the Law, which provides that Article 43 shall apply mutatis mutandis.
Article 25
With respect to an application for re-examination under Article 40 of the Law as well as Article 105or 122, which both provide that Article 40 shall apply mutatis mutandis, the applicant shall submit astatement of reasons in duplicate, signed or stamped by the applicant or agent, containing thefollowing information:1. Application number;2. Title of the invention or new utility model, or article of the new design;3. Applicant's name and domicile or residence; if a legal entity, its name, office address andrepresentative's name;4. Serial number of the first decision and the date of service;IP/N/1/TPKM/I/2
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5. Reasons for application for re-examination;
6. The date.
Article 26
Where service of a written decision or any other document cannot be effected, it shall be published inthe patent gazette and service thereof shall be deemed duly effected upon a lapse of thirty days fromthe date of publication. The applicant may request a supplemental issuance of a written decision or a
document, and in a case of change of domicile or residence, such change shall be applied at the sametime.
Article 27
After a patent application is allowed, the applicant may, within the time limit given by the PatentOffice, request for postponing publication and give reasons thereof.Postponement of publication shallbe limited to a period of six months.
Article 28
A written application shall be submitted in triplicate for instituting an opposition proceeding or inquadruplicate for a cancellation proceeding. The application shall state the following particulars andbe signed or stamped by the respective petitioner or agent:1. Serial number of the application or patent under opposition or cancellation;2. Name of invention/new utility model or  of the article of a new design model;
3. Name and domicile/residence of the respondent; if a legal entity, its name, office address, andrepresentative's name;4. Name and domicile/residence of opposition or cancellation petitioner; if a legal entity, its name,office address, and representative's name;5. Reason(s) and evidence; and6. The date.An opposition or cancellation petitioner shall submit a photocopy of his or her citizenshipidentification card, or if a legal entity, a photocopy if a legal entity registration certificate.If the evidence of an opposition or cancellation proceeding is a document, the original shall besubmitted with photocopies in duplicate for an opposition proceeding or in triplicate for a cancellationproceeding. The original may be returned after verification.
Article 29
If a model or sample submitted under Article 44 of the Law is damaged, the Patent Office may notifythe applicant to supplement.IP/N/1/TPKM/I/2
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The above model or sample shall be retrieved by the applicant within three months after an
examination decision becomes irrevocable. Thereafter it shall be at the disposal of the Patent Office.
Article 30
If the Patent Office notifies an applicant under Articles 44 or 45 of the Law to appear for inquiry ordemonstration, to submit a supplementary specification, model, sample or to correct specification ordrawings, and the applicant fails to act as requested or fails to act within the designated time limit, thePatent Office may render a decision based on the information available.
Article 31
In applying for an extension of a patent under Article 51 of the Law, an applicant shall submit anapplication, signed or stamped by the patentee or his (her) agent giving the following information:1. Patent number;2. Title of invention;3. Name and domicile/residence of the patentee; if a legal entity, its name, office address andrepresentative's name;4. Reasons for and period of extension applied;5. The date of prior approval; and6. The date of applicationFor above application, an approval certificate legally obtained and all local or foreign certificationdocuments of approval shall be submitted in duplicate.When accepting the above application, the Patent Of fice shall have the contents of the application
published.If a patent extension is granted, the Patent Office shall notify the applicant to surrender the patentcertificate in order to append the extension period of the patent.
Article 32
The phrase "prior to applying for patent" referred to in Items 2 and 3, Para. 1, Article 57 or Article105 of the Law which provides that Items 2 and 3, Para. 1, Article 57 shall apply mutatis mutandis,shall mean prior to the date of priority if priority is claimed.The above provision shall apply mutatismutandis to Items 1 and 2, Para. 1, Article 118 of the Law.
Article 33
The language "where all necessary preparations have been completed" as referred to in Items 2 and 5,Para. 1, Article 57 of the Law shall mean that it is objectively sufficient to deem an actor as havingcompleted necessary preparations prior to implementation of said invention.IP/N/1/TPKM/I/2
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Article 34
The phrase "original enterprise" as referred in Para. 2, Article 57 and Para. 2, Article 118 of the Lawshall mean the scale of enterprise prior to application under Item 2, Para. 1, Article 57 and Item 1,Para. 1, Article 118; under Item 5, Para. 1, Article 57, said phrase shall mean the scale of enterpriseprior to a cancellation application.
Article 35
"The areas in which sales can be made" as referred to in the latter part of Para. 2, Article 57 and thelatter part of Para. 2, Article 118 of the Law shall be based on a contract and, in the absence of acontract or if the agreement is ambiguous, on the intent of parties, custom of dealing, or otherobjective usage of trade.
Article 36
Where a patent is licensed, an application executed by parties stating the scope, territory, and terms ofthe license together with the licensing agreement shall be filed with the Patent Office for registration.
Article 37
An application for registration in the creation, change or extinction of a pledge in a patent, theapplicant shall submit an application, evidentiary documents, and the patent certificate. Theapplication shall be signed or stamped by the patentee or his (her) agent.An application for registration in the creation of a pledge in a patent shall contain the followinginformation:1. Names and domiciles/residences of the pledgee and pledger; if legal entities, their names, officeaddresses and representatives' names;2. Patent number;3. Title of the invention/new utility model or the article of a new design;4. Name and domicile/residence of the debtor; if a legal entity, its name, office address andrepresentative's name;5. The amount of collateral secured by the pledge; and6. Reason for registration; duration of the pledge, maturation date, interest, penalties and/or amount ofliquidated damages.An application for registration in the change or extinction of a pledge shall contain informationprescribed in Items 1 through 3 in the preceding paragraph.An application for registration in the creation of a pledge shall state the scope of the pledge. Anapplication for registration in the change of a pledge shall state particulars of the change. Anapplication for registration in the limitation(s) of a pledge shall state contents of the limitation(s).IP/N/1/TPKM/I/2
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With respect to the registration mentioned in the first paragraph above, the Patent Office shall have
the relevant particulars appended in the patent certificate and patent register.
Article 38
An application for patent prolongation filed under Article 66 of the Law shall state facts of lossresulting from a war and be accompanied by all available evidentiary documents.Where a patent prolongation is approved, the Patent Office shall notify the applicant to surrender thepatent certificate to append the period of prolongation.
Article 39
In applying for correction of the specification or drawings under Patent Law Article 67 or Article 105
which provides that Article 67 shall apply mutatis mutandis, an applicant shall submit to the PatentOffice an application stating reasons, corrected copy of the specification or drawings in triplicate, anda copy of the originally allowed and published specification or drawings.Corrections made in thesubmitted copy of specification mentioned above shall be underlined.When the correction applicationmentioned in the first paragraph above is approved, and if the correction relates to matters entered inthe patent certificate, the Patent Office shall have said certificate replaced.
Article 40
For a patent-of-addition deemed independent under Article 75 of the Law, its annual fee shall be paidin accordance to the original annual fee and any annual fee already paid for the original patent may betaken to offset the impending fee.
Article 41
A patent certificate shall contain the following information:1. Name or title of the patentee;2. Name of inventor or creator;3. Patent number;4. Name of invention or new utility model or of the article of a new design model;.5. Claims;6. Term of the patent; and7. The date of issuance for the patent certificate.If a patent-of-addition or associated new design patent is granted, the same shall be appended in theoriginal patent certificate.The term of an associated new design patent shall expire with that of the original patent. If the originalnew design patent is revoked or extinguished, the associated new design patent shall also be revokedor extinguished at the same time.IP/N/1/TPKM/I/2
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Article 42
The patent register shall contain the following information:1. Name, domicile/residence, and nationality of patentee; if a legal entity, its name, office address andrepresentative's name;2. The information prescribed in Items 2 through 4, 6 & 7, Para. 1 of Article 41 of these Rules;3. Application date and number;4. For a claim of priority, the country or area in which a patent was first applied and the applicationnumber and date;5. Publication date and number;6. Results of any opposition or cancellation proceeding;7. Dates of filing, allowance and publication of patent-of-addition or associated new designapplication;8. The date of patent assignment or transfer through inheritance and name or title of the assignee orsuccessor;9. Name or title of the licensee and date of license registration;10. Date of creation, change or extinction in a pledge of patent and name or title of the pledgee;11. Name of the patent agent and designated place to receive service;12. Name and domicile/residence of compulsory licensee or cross licensee or name, office addressand representative's name of a legal entity; also, the date of approval or revocation of a license;13. Cause(s) and date of supplementary issuance of a patent certificate;14. Period of patent extension or prolongation and the date of approval;15. The date and reason for the extinction or revocation of a patent;16. Other matters related to the patent; and17. Name of the deposit institute and deposit date and number.
Article 43
An application for a compulsory license under Article 78 of the Law shall be filed with the PatentOffice showing cause and a detailed plan to practice the patent.A compulsory licensee shall submit to the Patent Office an annual report on the state of practice.
Article 44
For coordination of remuneration under Para. 4, Article 8 of the law and assessment of compensationunder Para. 4, Article 48 and Para. 5, Article 78 of the Law, attention must be paid to the followingmatters;1. Utilization value in production of the invention or new utility model;2. Technical value of the invention or new utility model;IP/N/1/TPKM/I/2
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3. Commercial value of the invention,  new utility model or new design;
4. Extent of actual need for the invention, new utility model or new design;5. Term and territory of implementation of the patent;6. Value of the patent if it has been licensed or sold; and7. Existence of any comparable or superior invention, new utility model or new design that can besubstituted at a comparable cost.
Article 45
After an invention, new utility model or new design has been allowed and published, and beforeexamination decision becomes irrevocable, the words "ad interium patent approved" or thepublication number may be affixed to the article concerned or its package.Marking of a patent certificate number as provided in Article 82 of the Law shall not be made afterthe patent is extinguished or its revocation becomes irrevocable.
Article 46
In case of loss or damage to a patent certificate, the patentee may apply for re-issue thereof by statingreasons in writing; damaged certificate shall be returned to the Patent Office.
Article 47
The specification and drawings required under Article 112 of the Law shall be prepared with paper#A4 (210mmX297mm) of the national standard, written in columns proceeding from left to right andsubmitted in duplicate to include the following information:
1. Nomenclature of the new design article and classification of the article designated for application of
the new design: The nomenclature of the new design article must be in conformity with contents of
claims without any irrelevant wording;2. Name, nationality and domicile/residence of the creator;3. Name, nationality and domicile/residence of the applicant; if a legal entity, its name, office addressand representative's name;4. For a claim of priority, the country or area in which a patent was first applied and the applicationnumber and date;5. Description of the new design creation: The usage and state of use to which the new design isapplied and the features of creation of the new design article must be concisely described.6. Claims: Claims shall be designated in accordance with the shape, pattern, color or combination ofthe article shown in the drawings.7. Description of Drawings: Drawings shall be described concisely.IP/N/1/TPKM/I/2
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8. Drawings: Drawings must be drawn with Indian ink according to industrial drawing method. The
shape of the article must be illustrated in a six-di rectional view (the front, left side, right side, top,
bottom, and rear views), a three-dimensional view and a figure card. The Patent Office may request anapplicant to prepare a reference figure showing the state of use. The pattern of the article shall beillustrated by a spread view, a single unit view and a reference figure showing the state of use of thepattern applied to the article. With respect to color of the article, there must be attached a color cardfor the color of the article itself and a reference figure showing the state of use of the color applied tothe article. The six-directional view, three-dimensional view, figure card, and reference figureshowing the state of use may be replaced by photographs, which shall be limited in size to larger than90mmX160mm and smaller than 150mmX220mm, clearly showing the features of the article, andhave a single-color background. A figure card shall be made with card paper in #A5 paper(148mmX210mm) of the national standard.When an associated new design is applied for under Para.3, Article 107 of the Law, a copy of the specification of the original new design (with which the newdesign is to be associated) shall also be submitted.
Article 48
If the applicant of a new design patent fails to classify the article in accordance with Para. 1, Article114 of the Law or makes an incorrect classification, and fails to correct within a prescribed time limitupon notice, the case shall be processed in accordance to Para. 1, Article 18 of the Law.
Article 49
The supplement or amendment made by an applicant under Article 116 of the Law shall not changethe substance of the original application.When the Patent Office notifies an applicant to ap pear for an interview, supplement or amend the
specification, or supplement models or samples and the applicant fails to act within the designatedtime or in accordance with the notice, the Patent Office may render a decision based on theinformation available.
Article 50
In applying for a correction of specification under Article 120 of the Law, an applicant shall submit tothe Patent Office an application stating reasons, corrected copy of the specification in triplicate, andone copy of the originally allowed and published specification.Corrections made in the submitted copy of the specification referred to in the preceding paragraphshall be underlined.When the correction mentioned in the first paragraph above is approved, and if the correction relatesto matters entered in the patent certificate, the Pa tent Office shall have said certificate replaced.IP/N/1/TPKM/I/2
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Article 51
For a change to divisional applications under Article 122 of the Law, which provides that Article 32shall apply mutatis mutandis, an application shall be filed with the Patent Office to state reasons andshall include two copies of each specification of the divisional applications and one copy of thespecification in the original application.
Article 52
These Rules shall come into force as of the date of promulgation.
Lee and Li Attorney-At-Law prepared this English translation.
In case of any discrepancy between this English translation and the original Chinesetext of the Law,the Chinese text shall govern.--------------------------------------------------------------------------------
© Contents provided by IPO, MOEA, Chinese Taipei
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