Patent Attorney Act  
 
1. Promulgated on July 11, 2007; effective as of January 11, 2008 . 
2. Amendment to Articles 4, 37, and 40 promulgated by Presidential Order on May 
27, 2009, effective November 23, 2009 . 
3. Amendment promulgated on July 1 2015; effective on January 1, 2016 . 
4. Amendment to Articles 4, 37, and 40 promulga ted by Presidential Order on 
November  21, 2018; entered into force on the date of promulgation.  
 
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 h aving 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 servi ces 
and sentenced to a term of imprisonmen t 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 e xpulsed 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 Having been revoked of the examination qualification according to the provisions 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 ef fect.  
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On whose Patent Attorney License was revoked or abolished due to the provisions 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) evidencin g 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 prevocati onal training prescribed in paragraph 1 shall 
be established by the Competent Authority.  
 
Chapter Two: Practice And Responsibility  
 
Article 6  
A patent attorney shall begin practice only after joining the Patent Attorneys 
Association.  
 
Article 7  
A patent at torney 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 t he employer.  
 
Article 8  
The Specific Patent Agency shall establish a database of patent attorneys containing 
the following particulars:  
1. Name, gender, date of birth, address and identification card number;  
2. Summary of educational background and profess ional 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 for establishing 
a database of patent attorneys.  
The patent attorney concerned shall report to the Specific Patent A gency 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 d ata 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 involvin g 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 inv olving 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 represe ntation, 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 followin g 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 amo unting 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 provi ng 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 
prescr ibed 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 wh o 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.  
 
Chapter Three: Professional Association  
 
Article 16  
When the number of patent attorneys registered with the Specific Patent Agency 
reaches 15, the patent attorneys so registered shall establish the Patent Attorneys 
Association.  
The Patent Attorneys Association may not reject membership to qualified patent 
attorneys.  
 
Article 17  
The Patent Attorneys Association must be established with in the administrative 
geographical jurisdiction of the Republic of China and where the central government 
is located.  
Only one Patent Attorneys Association may be established.  
 
Article 18  
The Patent Attorneys Association shall elect directors and superviso rs by the General 
Assembly and set up a Board of Directors and a Board of Supervisors.  
There should not be more than 35 directory board members; the number of the 
supervisory board members shall not exceed one -third of the number of the 
directory board mem bers; the numbers of substitute directory board members and 
supervisory board members shall not exceed one -third of the numbers of directory 
board member or supervisory board members.  
 
 Article 19  
The directory board members and supervisory board members s hall hold office for a 
term of three years, the number of re -elected board members shall not exceed 
one-half of the total board members; the President of the board of directors shall 
only be eligible for re -election once.  
 
Article 20  
The General Assembly o f the Patent Attorneys Association shall convene once a year; 
a provisional general assembly may be convened when necessary. A provisional 
general assembly shall be convened upon passage of a motion by more  than 
one-fifth of its members.  
 
Article 21  
The Patent Attorneys Association shall stipulate its statute of incorporation, which is 
to be submitted to and approved by the authority in charge of civil organizations, and 
forwarded to the Competent Authority for record. The same procedures apply when 
the s tatute of incorporation is amended.  
 
Article 22  
The statute of incorporation of the Patent Attorneys Association shall contain the 
following matters:  
1. Name and place of Association;  
2. Objectives, organization and duties;  
3. Rules for enrollment and with drawal of membership;  
4. Rights and obligations of the members;  
5. Numbers of directory board members, supervisory board members, substitute 
directory and supervisory board members, their respective terms of service, 
authorities and duties, and their election and removal thereof;  
6. Rules of order for the General Assembly, and for the meetings of Boards of 
Directors and Supervisors;  
7. Professional ethics abided by all members;  
8. Organization of a Patent Attorney's Professional Conduct Committee and m eans 
for maintaining discipline;  
9. Membership fees, budget and accounting;  
10. Procedures for amending the statute of incorporation; and  
11. Other matters required by other laws and regulations or necessary for the 
functioning of the Association.  
 Article  23 
The Patent Attorneys Association shall report the following to the authority in charge 
of civil organizations and the Competent Authority:  
1. Enrollment of membership, including admission of new members and withdrawal 
of members;  
2. Results of director y and supervisory board elections, including names of elected 
members; and  
3. Motions and resolutions reached at the General Assembly, and meetings of Boards 
of Directors and Supervisors.  
 
Article 24  
Where the resolutions or acts by the Patent Attorneys As sociation are in violation of 
the laws and regulations or its statute of incorporation, the authority in charge of 
civil organizations may impose any of the following sanctions:  
1. A warning;  
2. Forcible recantation of the resolution at issue;  
3. Revocatio n of the seats of directors or supervisors; and  
4. An order to re -arrange within a prescribed time.  
The Competent Authority may also impose the sanctions prescribed in 
subparagraphs 1 and 2 of the preceding Paragraph.  
 
Chapter Four: Disciplinary Actions  
 
Article 25  
A patent attorney with any of the following situations shall be subject to disciplinary 
action(s):  
1. Violation of Articles 7,10 or 12;  
2. Conviction of a crime in connection with business practices; and  
3. Serious violation of the statute of incorporation of the Patent Attorneys 
Association.  
The enforcement of disciplines pursuant to the provisions of the preceding paragraph 
expires following the lapse of three years.  
The period specified in the preceding paragraph shall commence from the day the 
situation prescribed in paragraph 1 is complete, except where the consequence of 
such an act occurs at a later day, in which case the period shall commence from the 
day on which the consequence occurs.  
Where a disciplinary action is annulled upon a dec ision out of an administrative 
appeal, administrative litigation or other remedial proceedings, thus making it necessary to render an alternative decision, the period specified in paragraph 2 
above shall commence from the date on which the annulment of the  original 
disciplinary action is withdrawn.  
The period of limitation of disciplinary enforcement is interrupted if it cannot 
commence or if the disciplinary action cannot be executed because of natural 
calamity  or accident or by operation of law.  
Where the  period of limitation of disciplinary enforcement is interrupted in 
pursuance of the preceding paragraph, the time that begins following the day on 
which the cause for such interruption ceases shall be added to the period which had 
elapsed prior to such in terruption.  
 
Article 26  
Shall a disciplinary action be imposed on a patent attorney, the clients, parties of 
interest, Specific Patent Agency or Patent Attorneys Association may report all 
related facts and present supporting evidence of such violation to the Patent 
Attorney Disciplinary Committee.  
 
Article 27  
Disciplinary action imposed on a patent attorney may be any one of the following:  
1. A warning;  
2. A reprimand;  
3. Suspension of the right to practice for a period not less than two months but no 
more  than two years; and  
4. Expulsion.  
Disciplinary action in the form of a warning accumulated to three times shall be 
regarded as one reprimand; disciplinary action in the form of a reprimand 
accumulated to three times shall further be subject to the discipl inary action in 
suspension of the right to practice; disciplinary action in the form of suspension of 
the right to practice accumulated to three years shall be subject to expulsion.  
 
Article 28  
The Patent Attorney Disciplinary Committee shall, in the proce eding of a disciplinary 
action, notify the patent attorney whom such action is to be imposed, and direct 
him/her to present a response or to personally state his/her case before the 
Committee within twenty days; in case of failure to present a response or personally 
state his case before the Committee within the prescribed period, the Committee 
may therewith adopt a resolution based on the materials presently available.  
 Article 29  
The Patent Attorney Disciplinary Committee shall accordingly transfer the ma tter to 
the judicial institution for investigation if it suspects, in the proceeding of the 
disciplinary action, that a criminal offense is involved.  
 
Article 30  
The Patent Attorney Disciplinary Committee shall publish its resolution in the Patent 
Gazettes  and inform the Patent Attorneys Association when a disciplinary sanction 
imposed on a pa tent attorney has become final.  
 
Article 31  
The Competent Authority shall establish the Patent Attorney Disciplinary Committee 
to handle matters in connection with dis ciplinary actions imposed on patent 
attorneys. The organization, the rules of procedure and other rules to be observed 
are to be prescribed by the Competent Authority.  
 
Article 32  
Any person without a Patent Attorney License or with the Patent Attorney License 
revoked or repealed 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 b e 
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 Attorn ey License or with the Patent Attorney 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 wit hin 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 yuan and ordered to cease the 
conduct again within another specified time period by the Spec ific 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/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 yuan may be imposed.  
 
 Article 32 -1 
A patent attorney who provides his/her Patent Attorney License and seal or the logo 
of his/her patent firm to any person without a Patent Attorney 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 h undred thousand yuan but no more than one million yuan 
may be imposed.  
 
Article 33  
A patent attorney who accepts representation to engage in the practices prescribed 
in subparagraphs 1 to 4 of Article 9, without joining the Patent Attorneys Association 
or being suspended to practice, is subject to a fine of no less than sixty thousand 
yuan but no more than three hundred thousand yuan, and an order to correct or 
stop his/her acts within a prescribed period; one who fails to correct or stop his/her 
acts withi n 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 who violates Article 13 by using the title as a patent attorney without 
Patent Attorne y 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 attorney after his/her Patent Attorney License is revoked or repealed.  
 
Article 33 -1 
A patent attorney who does not proceed the on -the-job training in accordance with 
Paragraph 1 of Article 12 -1 shall be notified to correct that within 6 months by the  
Specific Patent Agency. One who fails to complete the correction after the lapse of 
the time period 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 34  
Where t he Patent Attorneys Association is in violation of Paragraph 2, Article 16, said 
Association is subject to a fine not less than NT$10,000 but no more than NT$50,000 
by the authority in charge of civil organizations.  
 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 subpara graphs 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 fi ne 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 pr actices 
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 th ousand yuan but no more than o ne 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 thirt y 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 repeate d 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 revoke d 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 no tified 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 respon dent 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 cont ent 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 prece ding 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 warn ing, 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 ha s 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 su spension 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  amende d 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.