PATENT ACT  
(as amended in 2022)  
 
1. Promulgated on May 29, 1944; effective on January 1, 1949  
2. Amended on January 22, 1959  
3. Amended on May 12, 1960  
4. Amended on April 16, 1979  
5. Amended on December 24, 1986  
6. Amended on January 21, 1994  
7. Amended on May 7, 1997; effective on January 1, 2002  
8. Amended on October 24, 2001  
9. Amended on February 6, 2003; effective on July 1, 2004 except that Article 11 
becomes effective on the date of promulgation, a nd that the deletion of Article 83, 
Article 125, Article 126 and Article 128 to Article 131 become effective on March 31, 
2003.  
10. Amended on August 25, 2010; effective on September 12, 2010  
11. Amended on December 21, 2011; entered into force on January 1, 2013  
12. Amended on June 11, 2013; entered into force on June 13, 2013  
13. Amended on January 22, 2014; entered into force on March 24, 2014  
14. Amended on January 18, 2017, entered into force on May 1, 2017  
15. Amended on May 1, 2019, entered into forc e on November 1, 2019  
16. Amended on May 4, 2022, entered into force on J uly 1, 20 22 
 
Chapter 1 General Provisions  
Article 1  Purpose  
This Patent Act is formulated to encourage, protect and utilize the creations of invention, utility  
model  and design in order to promote industrial development.  
 
Article 2  Categories of patents  
The term "patent" referred to in this Act is classified into the following three types:  
1.invention patent;  
2.utility model patent; and  
3.design patent.  
 
Article 3  Com petent authority  
The "competent authority" referred to in this Act is the Ministry of Economic Affairs (hereinafter  
referred to as “the MOEA”).  
Patent affairs shall be administrated by a specific agency appointed by the MOEA.  
 
Article 4  Acceptance of foreign application  A patent application filed by a foreign applicant shall not be accepted if the home country of such  
foreign applicant is not a signatory to an international treaty for protection of patent right to which  
the Republic of China (ROC) is a  signatory, or if the home country does not conclude with the ROC  
a treaty or an agreement for reciprocal protection of patent rights, or if no patent protection  
agreement is concluded by and between organizations or institutions of the ROC and said foreig n 
country and approved by the respective competent authorities, or if the laws of said foreign country  
do not accept patent applications filed by ROC nationals.  
 
Article 5  Right to apply for patent  
The term "right to apply for a patent" shall mean the righ t to file a patent application in accordance  
with this Act.  
Subject to provisions of this Act otherwise prescribed or the covenants otherwise set forth in an  
agreement, the term "the owner of the right to apply for a patent" shall mean an inventor, a utili ty 
model creator, a designer, or the assignee or successor thereof.  
 
Article 6  Transference and pledge of patent  
The right to apply for a patent or the patent right is both assignable and inheritable.  
The right to apply for a patent shall not be taken as t he subject of a pledge.  
In the case of taking a patent right as the subject of a pledge, the pledgee shall not be allowed to  
exploit the patent right, unless it is otherwise provided for in an agreement.  
 
Article 7  Invention made in the performance of duties  
Where an invention, a utility model or a design is made by an employee in the course of performing  
his/her duties, the right to apply for a patent and the patent right thereof shall be vested in his/her  
employer and the employer shall pay the employ ee reasonable remuneration; where there is an  
agreement providing otherwise, such agreement shall prevail.  
The so -called "an invention, a utility model or a design made by an employee in the course of  
performing  his/her duties" as set forth in the preceding paragraph shall mean the invention, utility  
model, or design completed by an employee in the course of performing his/her duties during the  
period of employment.  
Where a fund provider appoints another party t o conduct research and development, the ownership  
of the right to apply for a patent and the patent right in connection with the outcome of such  
research and development shall be vested in the party as mutually agreed upon in an agreement  
between both part ies, or such rights shall be vested in the inventor, utility model creator or designer  
in the absence of such agreement. However, the fund provider shall be entitled to exploit such  
invention, utility model or design.  
Where the ownership of the right to ap ply for a patent and the  patent right are vested in the  
employer or the fund provider pursuant to Paragraph 1 or the preceding paragraph, the inventor,  
utility model creator or designer concerned shall be entitled to a right to have his/her name shown as  
such. 
 
Article 8  Invention irrelevant to the performance of duties  Where an invention, utility model or design made by an employee has no connection to the course  
of performing his/her duties, the right to apply for a patent and the patent right for such in vention,  
utility model or design shall be vested in the employee. However, if such invention, utility model or  
design is made through the utilization of the employer's resources or experiences, the employer may,  
after paying the employee a reasonable remun eration, exploit the invention, utility model or design  
concerned in the enterprise.  
Upon completion of an invention, utility model or design which has no connection to the course of  
an employee’s performing his/her duties, the employee shall give the employer a written notice  
regarding such event, and shall also inform the employer of the creative process, if necessary.  
If the employer fails to raise any objection to the employee within  six (6) months after receiving the  
employee's written notice under the preceding paragraph, the employer shall not claim that such  
invention, utility model or design was made by the said emplo yee in the course of performing  
his/her duties.  
 
Article 9  Protection of employees’ legitimate rights  
An agreement concluded between an employer and an employee as stated in the preceding article,  
based on which the employee is precluded from enjoying legitimate rights and interests in respect of  
his/her inventi on, utility model, or design, shall be void.  
 
Article 10  Agreement on ownership  
Where an agreement has been reached by an employer and its employee regarding a dispute over  
attribution of right(s) as set forth in Articles 7 and 8 of this Act, the employer or employee  
concerned may file a request along with relevant document(s) of proof with the Specific Patent  
Agency for change of ownership of the right(s) involved. The Specific Patent Agency may, as it  
deems necessary, notify the parties involved to submi t document(s) relevant to any mediation,  
arbitration or court judgment rendered in accordance with other laws and regulations.  
Article 11  Patent Agency  
An applicant may designate an agent to file patent applications and handle patent -related matters on  
his/her behalf.  
An applicant who has no domicile or business establishment in the territory of the ROC shall  
designate an agent to file patent applications and handle patent -related matters on his/her behalf.  
Eligible agents shall be limited to patent atto rneys, unless otherwise provided for by laws and  
regulations.  
The qualification and administration of patent attorneys shall be separately prescribed by laws.  
 
Article 12  Joint application  
Where a right to apply for a patent is jointly owned, the patent ap plication related thereto shall be  
filed by all the joint owner(s).  
Where two or more persons engage in any patent -related procedure other than filing a patent  
application, each of them may complete such procedure independently, except for making a  
withdrawal or an abandonment of a patent application, filing an application for division or  
conversion, or taking other actions for which this Act requires joint execution. However, if a  representative is designated by a covenant, such covenant shall preva il. 
In the case of an event requiring joint execution as set forth in the preceding two paragraphs, one of  
the joint owners shall be appointed as the recipient of service of documents. In the absence of such  
recipient, the Specific Patent Agency shall nam e the first -listed joint owner as the recipient and shall  
notify other (s) of such service matters.  
 
Article 13  Joint ownership of the right to apply for patent  
Where the right to apply for a patent is jointly owned, the right to apply for the patent shall  not be  
assigned or abandoned without the consent of all joint owners.  
Where the right to apply for a patent is jointly owned by two or more persons, none of the joint  
owners shall assign his/her own share therein to a third party without the consent of o ther joint  
owners.  
Where one of the owners of the right to apply for a patent abandons his/her own share, this share  
shall be vested in other joint owner(s).  
 
Article 14  Recordation to have Locus standi against a third party: transference of right to appl y for  
patent  
In the case of an inheritance or assignment of the right to apply for a patent, the successor or the  
assignee shall have no locus standi against any third party unless the patent application has been  
filed in the name of the successor or the assignee at the time of filing, or a request has been filed  
thereafter with the Specific Patent Agency for altering the recordation of applicant.  
The request referred to in the preceding paragraph, whether for assignme nt or inheritance, shall be  
accompanied by document(s) of proof.  
 
Article 15  Duty of confidentiality of staff members and patent examiners  
While serving in the Specific Patent Agency, staff members or patent examiners shall not apply for a  
patent  or receive any rights or interests in connection with such patent directly or indirectly, except  
for inheritance.  
Staff members or patent examiners of the Specific Patent Agency are obligated to keep confidential  
any invention, utility model, or design, o r the trade secrets of  an applicant which have become  
known to or been possessed by them in the course of performing their duties; whoever violates such  
obligation shall bear relevant legal responsibilities.  
The qualification of patent examiners shall be p rescribed separately by laws.  
 
Article 16  Avoiding conflict of interests by patent examiners  
Patent examiners shall exclude themselves from any of the following circumstances:  
1. where, for a concerned patent case, the patent examiner or his/her spouse is the patent applicant,  
patentee, invalidation requester, patent agent, a partner of the said patent agent or a person having  
employment relationship with the patent agent;  
2. where, for a concerned patent case, the patent examiner is presently related to the patent  
applicant,patentee, invalidation requester or the patent agent by consanguinity within the fourth  
degree or by affinity within the third degree;  3. where, for a concerned patent case, the patent examiner or his/her spouse and the patent applican t, 
patentee or invalidation requester are co -obligee(s) , co-obligor(s), or debt -paying   
co-obligor(s);  
4. where, for a concerned patent case, the patent examiner is or was the legal representative, the  
family  head or a household member of the patent applicant, patentee or invalidation requester;  
5. where, for a concerned patent case, the patent examiner is or was the litigation agent or the  
assisting party of the patent applicant, patentee or invalidation requ ester; or  
6. where, for a concerned patent case, the patent examiner is or was a witness, an expert witness, an  
  opposition requester or an invalidation requester.  
Where a patent examiner should have but did not exclude himself/herself from performing his /her 
duties, the Specific Patent Agency may, upon request or on its own authority, revoke the measure(s)  
already taken and adopt an alternative measure instead.  
 
Article 17  Delay and reinstatement  
Unless otherwise provided in this Act, where a person filing a patent application or taking other  
proceedings in connection with patent -related matters has failed to comply within a statutory or  
specified time period, the application filed or the proceeding initiated shall be dismissed. However,  
if the dela y of not acting within a specified time period has been remedied before the dismissal  
decision is served by the Specific Patent Agency, such application or proceeding shall still be  
accepted.  
If the delay of a statutory time period is caused by natural ca lamity or other cause(s) not attributable  
to the applicant, the applicant may, within thirty (30) days after cessation of such cause, file a  
written request with the Specific Patent Agency stating the cause(s) for delay and requesting for  
reinstatement. An application for reinstatement shall not be accepted if the delay has exceeded one  
(1) year after expiration of the statutory time period.  
While requesting for reinstatement, the applicant shall concurrently fulfill all obligations that should  
have been  fulfilled within the concerned time period.  
The preceding two paragraphs shall not apply to a delay of the time limits as set forth in Paragraph 4  
of Article 29, Paragraph 4 of Article 52, Paragraph 2 of Article 70, Paragraph 4 of Article 29  
applicable mu tatis mutandis under Article 120, Paragraph 4 of Article 52 applicable mutatis  
mutandis under Article 120; Paragraph 2 of Article 70 applicable mutatis mutandis under Article  
120; Paragraph 4 of Article 29 applicable mutatis mutandis under Paragraph 1 of A rticle 142;  
Paragraph 4 of Article 52 applicable mutatis mutandis under Paragraph 1 of Article 142, and  
Paragraph 2 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142.  
 
Article 18  Service by publication  
Where an examination decision  or any other document(s) cannot be served, such decision or  
document(s) shall be published in the Patent Gazette and shall be deemed to have been served thirty  
(30) days after publication.  
 
Article 19  E-filing  
Application for patent and other relevant proceedings may be processed electronically; the  implementation of which shall be prescribed by the competent authority.  
 
Article 20  Calculation of time periods  
The duration of relevant time periods as specified in this Act shall not include the beginning date 
thereof.  
The duration of the patent right as specified respectively in Paragraph 3 of Article 52, Article 114  
and Article 135 of this Act shall start to run from the filing date of the patent application concerned.  
 
Chapter 2 Invention Patent  
Section  1: Patentability  
Article 21  Definition of invention  
"Invention" means the creation of technical ideas, utilizing the laws of nature.  
 
Article 22  Substantial conditions  
An invention which is industrially applicable may be granted a patent upon application in 
accordance with this Act, except for the following:  
1. the invention was disclosed in a printed publication prior to the filing of the patent application;  
2. the invention was publicly exploited prior to the filing of the patent application; or  
3. the invention was publicly known prior to the filing of the patent application.  
An invention that is without the circumstances prescribed in the subparagraphs of the preceding  
paragraph but can be easily made by a person ordinarily skilled in the art based on prior art shall not  
be patented .  
A disclosure made by or against the applicant’s will shall not be deemed as one of the circumstances  
that would preclude the grant of an invention patent prescribed in the subparagraphs of Paragraph 1  
or the preceding paragraph, provided that the concerned patent application is filed within twelve 
(12)months after the date of the disclosure.  
For the publication in a gazette made in this country or a foreign country in accordance with the  
laws as the conse quence of filing a patent application and made by the applicant’s will, the  
preceding paragraph is not applicable.  
 
Article 23  Deemed as lack of novelty  
Where an invention claimed in a patent application for invention is identical to an invention or  
utilit y model disclosed in the description, claim(s) or drawing(s) of an earlier -filed patent  
application for invention or utility model which is laid open or pu blished after the filing of the  
later-filed patent application, an invention patent shall not be gran ted; however, this shall not appl y 
where the applicant of the later -filed patent application is also the applicant of the earlier -filed 
patent application for invention or utility model.  
 
Article 24  Statutory exclusion  
An invention patent shall not be gran ted in respect of any of the following:  
1. animals, plants, and essential biological processes for the production of animals or plants, except  
for processes for producing microorganisms;  2. diagnostic, therapeutic and surgical methods for the treatment of humans or animals; or  
3. inventions contrary to public order or morality.  
 
Section 2: Application  
Article 25  Filing date  
A patent application for invention shall be filed with the Specific Patent Agency by the owner of the  
right to apply for a patent who is to provide an application form, a desc ription, claim(s), an abstract,  
and the necessary drawing(s).  
The filing date of a patent application for invention shall be the date on which the application form,  
description, claim(s), and the necessary drawing(s) are provided in full.  
Where an applicant does not provide a description, claim(s) and the necessary drawing(s) in Chinese  
at the time of filing, but in a foreign language, and where the Chinese translation for the said  
document s is provided within the time period specified by the Specific Patent Agency, the filing  
date shall be the date on which the foreign language version is originally provided.  
Where the Chinese translation is not provided within the specifi ed time period as  stated in the  
preceding paragraph, the patent application shall be dismissed; howeve r, if the Chinese translation i s 
provided before the dismissal decision is served, the date on which the Chinese translation is  
provided shall be regarded as the filing da te, and the foreign language version shall be deemed not  
to have been provided.  
 
Article 26  Disclosure  
The description shall fully disclose the invention in a manner clear and sufficient for it to be  
understood and carried out by a person ordinarily skill ed in the art.  
Claim(s) shall define the claimed invention, and more than one claim may be included therein. Each  
claim shall be disclosed in a clear and concise manner and be supported by the description.  
An abstract shall clearly contain a summary of the  disclosed invention; it shall not be taken into  
account for the purpose of determining the sufficiency of the disclosure and the patentability of the  
claimed invention.  
The manners of disclosure for description, claim(s), abstract, and drawing(s) shall be  prescribed in  
the Enforcement Rules of the Patent Act.  
 
Article 27  Deposit of biological material  
When filing a patent application for invention involving a biological material or utilization of a  
biological material, the applicant shall, no later than th e filing date, make a deposit of the biological  
material with a domestic depository designated by the Specific Patent Agency. No deposit is  
required if the biological material involved can be easily obtained by a person ordinarily skilled in  
the art.  
An applicant shall, within four (4) months after the filing date of patent application, submit to the  
Specific Patent Agency a certificate of deposit, indicating the depository, date of deposit and deposit  
number. If such document is not submitted within the specified time period, the deposit shall be  
deemed not to have been made.  
Where priority is claimed pursuant to Article 28, the specified time period set forth in the preceding  paragraph shall be within sixteen (16) months after the priority date.  
In the e vent that, prior to filing the patent application for invention, the biological material  
concerned has been deposited in a foreign depository recognized by the Specific Patent Agency, and  
where the certificate of deposit issued by the designated domestic d epository and the foreign  
depository has been provided within the time period prescribed in Paragraph 2 or the preceding  
paragraph, the applicant is exempted from the requirement of making a deposit no later than the  
filing date, as set forth in Paragraph 1. 
If an applicant has deposited the biological material in a depository designated by a foreign country  
in its territory with which the ROC recognizes the effects of deposits based on reciprocity, and if the  
applicant has submitted the certificate(s) of d eposit issued by the said foreign depository within the  
time period prescribed in Paragraph 2 or Paragraph 3, the applicant is exempted from the  
requirement of making a deposit in the ROC.  
The competent authority shall stipulate regulations on the requirem ents for accession, types, forms,  
quantities of deposits of biological materials, deposit fees, and other matters in connection with  
making deposits set forth in Paragraph 1.  
 
Article 28  Priority claim under WTO membership, etc.  
Where an applicant has firs t applied for a patent in a foreign country, which reciprocally allows  
ROC nationals to claim patent priority, or with any member of the World Trade Organization  
(WTO), the applicant may claim priority in respect of an ROC patent application for the same  
invention if the ROC patent application for the same invention is filed within twelve (12) months  
after the filing date of the said first patent application.  
Where an applicant claims two or more priorities in respect of a patent application, the period  
referred to in the preceding paragraph shall be on the basis of the earliest priority date.  
If a foreign applicant is a citizen of a non -member of the WTO and whose home country does not  
mutually recognize priority with the ROC, but the applicant has domic ile or business establishment  
in any member of the WTO or in the territory of a reciprocal count ry, the applicant shall also be  
entitled to claim priority in accordance with the provisions set forth in Paragraph 1.  
For a patent application filed with prior ity, examination on its patentability shall be based on the  
priority date.  
 
Article 29  Claim of priority  
An applicant claiming priority in accordance with the preceding article shall simultaneously make a  
declaration  with respect to the following when filing a patent application:  
1. the filing date of the first patent application;  
2. the country or member of WTO in which the first patent application was filed; and  
3. the application number of the first patent applica tion.  
Within sixteen (16) months after the earliest priority date, the applicant shall submit a certified copy  
of the first patent application issued by the foreign patent authority under the preceding paragraph.  
In case of a violation of Subparagraph 1 o r Subparagraph 2 of Paragraph 1 or the preceding  
paragraph, the priority claim shall be deemed not to have been made.  
Where an applicant unintentionally fails to claim priority claim at the time of filing, or where the  priority claim is deemed not to have  been made as prescribed in  violation of Subparagraph 1 or  
Subparagraph 2 of Paragraph 1, the applicant may, within sixteen (16) months after the earliest  
priority date, apply for reinstatement of priority claim, pay the required fees and undertake actions  
set forth in Paragraph 1.  
 
Article 30  Priority claim based on earlier application  
I An applicant filing a subsequent patent application based on an earlier patent application for  
invention or utility model in the ROC may make a priority claim with respect  to the invention or  
utility model disclosed in the description, claim(s) or drawing(s) submitted for the earlier patent  
application. This provision shall not apply under any of the following circumstances:  
1. where  a period of twelve (12) months has elapsed after the filing date of the earlier patent  
 application;  
2. where priority has been claimed in accordance with the provisions of Article 28 or this article in  
  respect of the invention or utility model disclose d in the earlier patent application;  
3. where the earlier patent application is a divisional patent application prescribed under Paragraph  
 1 of Article 34 or Paragraph 1 of Article 107, or a converted patent application prescribed under  
Paragraph 1 of Ar ticle 108;  
4. where the earlier patent application is a patent application for invention that has been published or  
has been rejected finally and bindingly;  
5. where the earlier patent application is a patent application for utility model that has been  
  published or has been rejected finally and bindingly; or  
6. where the earlier patent application has been withdrawn or dismissed.  
The earlier patent application referred to in the preceding paragraph shall be deemed to have been  
withdrawn upon an expiry of fifteen (15) months after its filing date.  
Priority claimed shall not be withdrawn upon an expiry of fifteen (15) months after the filing date of  
the earlier patent application.  
In the event that a subsequent patent application filed with priority claim in accordance with  
Paragraph 1 is withdrawn within fifteen (15) months after the filing date of the earlier patent  
application, the priority claim thus made shall be deemed to have been withdrawn at the same time.  
Where an applicant claims two or more priorities for a patent application, the calculation of priority  
period shall be on the basis of the earliest priority date.  
For a patent application filed with priority, examination on its patentability shall be based on the  
priority date.  
Where a priority claim is made in accordance with Paragraph 1, the filing date and the application  
number of the earlier patent application shall be declared at the time of  filing. If such declaration is  
not made, priority claim shall be deemed not to have been ma de. 
 
Article 31  First-to-file principle  
Where two or more patent applications are filed for the same invention, only the earliest application  
can be granted. The above shall not apply if the priority date claimed for the later -filed application is  
earlier than the filing date of the earlier application.  
If the filing date and the priority date referred to in the preceding paragraph are the same, the  applicants shall be notified to reach an agreement with respect to the matter concerned. If such an  
agreement  cannot be reached, none of the applications shall be granted. If the said patent  
applications are filed by the same applicant, the applicant shall be notified to select one patent  
application within a specified time period; failure to make a selection wit hin the time period shall  
result in the rejection of all such patent applications.  
While the applicants concerned are in the process of reaching an agreement, the Specific Patent  
Agency shall require that these applicants report the results of the negotia tion within an appropriate  
time period. If the said report is not provided within the specified time period, it shall be deemed  
that an agreement has not been reached.  
Where a patent application for invention  and a patent application for utility model are  filed 
separately in respect of the same creation, the provisions set forth in the preceding three paragraphs  
shall apply mutatis mutandis, except for the circumstances stipulated in Article 32.  
 
Article 32  One creation applied for invention patent and uti lity model patent  
An applicant filing a patent application for invention and a patent application for utility model for  
the same creation on the same date shall make respective declarations in respect of the said  
applications . If the patent application for utility model has been granted before an approval decision  
on the patent application for invention is rendered, the Specific Patent Agency shall notify the  
applicant to make a selection within a specified time period. The p atent application for invention  
shall not be granted if the applicant fails to make such declarations or selection within the specified  
time period.  
Where the applicant selects the patent application for invention according to the provision set forth  
in the preceding paragraph, the utility model patent right s hall become extinguished on the  
publication date of the invention patent.  
The patent application for invention shall not be granted if the utility model patent right has become  
extinguished  or has been revoked finally and bindingly before a decision is rendered on the patent  
application for invention.  
 
Article 33  Invention Patent  
A patent application for invention shall relate to one invention.  
Two or more inventions so linked as to form a single general inventive concept may be filed in one  
application.  
 
Article 34  Divisional application of invention patent  
A patent application that substantially contains two or more inventions may, upon notice by the  
Specific Patent Agency or upon request by the applicant, be divided into two or more divisional  
applications.  
A request for division shall be filed within any of the following time periods:  
1. before a reexamination decision on the original patent application is rendered; or  
2. within three (3 ) months after the date on which an approval decision for the original patent  
  application or reexamination is served.  
The filing date of the divisional patent application shall be the same as the filing date of the original  application. Where the priori ty claim has been made, the applicant may claim priority for the  
divisional patent application.  
The divisional patent application shall not extend beyond the scope of content disclosed in the  
description, claim(s), or drawing(s) of the original patent application as filed.  
For the divisional patent application filed in accordance with Subparagraph 1 of Paragraph 2, the  
examination thereof shall resume the completed examination procedure of the original patent  
application.  
For the divisional patent appli cation filed in accordance with Subparagraph 2 of Paragraph 2, it shall  
be based on the invention(s) disclosed in the description or the drawin g(s), but shall not be the same  
as that have been approved in the original patent application; the examination th ereof that has been  
conducted before the original patent application is approved shall be resumed.  
The description, claim(s), or drawing(s) of the original patent application that have been approved  
may not be altered and shall be published based on the cl aim(s) and drawing(s) as originally  
approved.  
 
Article 35  Invalidation action filed by the owner of the right to apply for a patent  
Where an invalidation action is filed against a granted patent by the owner of the right to apply for a  
patent  or by the joint owner(s) of the right to apply for a patent within two (2) years after the  
publication date of the patent concerned in accordance with Subparagraph 3, Paragraph 1 of Article  
71, and where the said person or joint owner(s) newly files a pa tent application for the same  
invention within two (2) months after the day on which the invalidation decision revoking the patent  
has become final and binding, the filing date of the revoked patent shall be the filing date for the  
newly filed patent appl ication.  
A patent application newly filed in accordance with the preceding paragraph shall not be published  
again.  
Section 3: Examination and Reexamination  
Article 36  Assignment of a patent examiner for examination  
The Specific Patent Agency shall assign a  patent examiner to conduct the substantive examination  
of a patent application for invention.  
 
Article 37  Early publication of patent application  
After receiving application documents and determining through examination that the application  
conforms  to stipulated formality requirement and contains no elements that may be deemed  
unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for  
invention eighteen (18) months since its filing.  
The Specific Patent Agency ma y advance the laying -open of a patent application upon the request of  
the applicant.  
A patent application for invention shall not be laid open under any of the following circumstances:  
1. where it is withdrawn within fifteen (15) months after its filing d ate;  
2. where it involves national defense secrets or any other secrets pertaining to national security; or  
3. where it is contrary to public order or morality.  
Where a priority is claimed, the calculation of time period set forth in Paragraph 1 and the p receding  paragraph shall be on the basis of the priority date; where two or more priorities are claimed, the  
calculation thereof shall be on the basis of the earliest priority date.  
 
Article 38  Request for substantive examination  
A request to the Specific Patent Agency for substantive examination of a patent application for  
invention may be made by any person within three (3) years after the filing date of the patent  
application.  
Where a division request is made pursuant to Paragraph 1 of Article 34 or wher e a patent application  
is converted into a patent application for invention pursuant to Paragraph 1 of Article 108, if the  
time period set forth in the preceding paragraph has lapsed, a request for substantive examination  
may be made within thirty (30) day s after such request for division or conversion.  
A request for substantive examination according to the preceding two paragraphs shall not be  
withdrawn.  
Where a request for substantive examination is not filed within the time period prescribed in  
Paragraph 1 or Paragraph 2, the patent application for invention shall be deemed to have been  
withdrawn.  
 
Article 39  Request procedures for substantive examination  
A request form for substantive examination referred to in the preceding Article shall be submitted.  
The Specific Patent Agency shall publish the facts regarding a request for substantive examination  
in the Patent Gazette.  
Where the substantive examination is requested by a person other than the invention patent  
applicant, the Specific Patent A gency shall notify the invention patent applicant of such fact.  
 
Article 40  Prioritized examination of a patent application for invention  
The Specific Patent Agency may upon request conduct prioritized examination of a patent  
application for invention if i t is commercially exploited by a person other than the applicant after it  
is laid open.  
Relevant document(s) of proof shall be submitted when filing a request referred to in the preceding  
paragraph.  
 
Article 41 Effect of laying open an application  
An inven tion patent applicant may, after the publication of an invention patent application, claim  
appropriate compensation against the exploiter who, having been given a written notice by the  
applicant in respect of the contents of the invention after the laying -open of the invention patent  
application, continues to commercially exploit the invention after receiving the notice and prior to  
the publication of the said application.  
The claim referred to in the preceding paragraph may also be made against a person wh o is fully  
aware that the patent application for invention has been laid open but continues to commercially  
exploit the inventio n prior to its publication.  
The right to claim compensation as provided in the preceding two paragraphs does not affect the  
exercise of other rights. However, where an applicant having filed a patent application for invention  and a patent application for utility model pursuant to Article 32 of this Act has been granted the  
utility  model patent, the claim against such exploiter shall only be made based either on the right to  
claim compensation or on the utility model patent right.  
The right to claim compensation as set forth in Paragraph 1 and 2 shall become extinguished if not  
exercised within two (2) years after the publication date of the said invention patent.  
 
Article 42 Interview and inspection in examination of application  
When examining a patent application for invention, the Specific Patent Agency may, upon request  
or on its own initiative, notify the applicant to conduct any of the following actions within a  
specified time period:  
1. to appear before the Specific Patent Agency for an interview; or  
2. to perform necessary experiment(s) or submit model(s) or sample(s).  
The Specific Patent Agency may, when necessary, visit the site or a designated place to carry out  
inspection on the experiment(s) performed or model(s) or sample(s) to be  submitted pursuant to  
Subparagraph 2 of the preceding paragraph.  
 
Article 43 Amendme nt during examination; final notice  
Unless otherwise stipulated in this Act, when examining a patent application for invention, the  
Specific Patent Agency may, upon request or on its own initiative, notify the applicant to amend the  
description, claim(s), or drawings within a specified time period.  
Except for correction of translation errors, any amendment shall not extend beyond the scope of  
content disclosed in the description, claim(s), or drawing(s) as filed.  
Where the Specific Patent Agency has issued a notice pursuant to Paragraph 2 of Article 46, a patent  
applicant shall only make amendment(s) within the specified time period in the notice.  
The Specific Patent Agency may, as it deems necessary, issue a final notice after having issued a  
notice prescr ibed in the preceding paragraph. The applicant who is to amend claim(s) after a final  
notice has been issued shall only make the following amendments within the time period specified  
therein:  
1. to delete claim(s);  
2. to narrow down the scope of claim(s);  
3. to correct errors; or  
4. to clarify ambiguous statement(s).  
In case of a violation of the provisions in the preceding two paragraphs, the Specific Patent Agency  
shall state the reasons in a written decision and render such decision accordingly.  
The Sp ecific Patent Agency may issue a final notice accordingly if the original patent application or  
its divisional application meets any of the following conditions:  
1. where the content of the notice issued for the original patent application is same as that  of the  
  notice issued for the divisional patent application;  
2. where the content of the notice issued for the divisional patent application is same as that of the  
  notice issued for the original patent application; or  
3. where the content of the notic e issued for a divisional application is same as that of the notice  
issued for other divisional application(s).   
Article 44 Foreign language documents  
Where a patent applicant submits a description, claim(s), and drawing(s) prepared in a foreign  
language p ursuant to Paragraph 3 of Article 25, such foreign language documents shall not be  
amended.  
The Chinese translation submitted pursuant to Paragraph 3 of Article 25 shall not extend beyond the  
scope of content disclosed in the original foreign language docu ments as filed.  
Any correction of translation errors in the Chinese version as stated in the preceding paragraph shall  
not extend beyond the scope of content disclosed in the original foreign language documents as  
filed.  
 
Article 45 Decision of examinatio n 
Upon completion of examination of a patent application for invention, a written decision shall be  
rendered and served on the applicant.  
When a patent application is determined to be unpatentable, the reason(s) shall be given in the  
written  decision of examination.  
A written decision of examination shall bear the name of the patent examiner. This requirement shall  
also apply to written decisions for reexamination, post -grant amendment, invalidation, patent term  
extension and invalidation aga inst patent term extension.  
 
Article 46 Grounds for rejection of invention patent application  
When a patent application for invention is in violation of the provisions set forth in Articles 21  
through 24, Article 26, Article 31, Paragraphs 1 and 3 of Arti cle 32, Article 33, Paragraph 4 and the  
forepart of Paragraph 6 of Article 34, Paragraph 2 of Article 43, Paragraphs 2 and 3 of Article 44, or  
Paragraph 3 of Article 108, a decision of rejection shall be rendered.  
Before rendering a decision in accordance with the preceding paragraph, the Specific Patent Agency  
shall notify the applicant to file a response within a specified time period. If the applicant fails to  
make a response within the time period, a decision of rejection shall be rendered accordingly.  
 
Article 47 Publication of patented invention and application for browsing  
A claimed invention shall be patented if there is no reason for negating its patentability, and the  
claim(s) and the drawing(s) of the patent application shall be published.  
Any pe rson may apply for viewing, transcribing, photographing, or photocopying the written  
decision of examination, description, claim(s), abstract, drawing(s), and the file wrapper in  
connection with a patent application which has been published, except for the  information which  
should be kept confidential by the Specific Patent Agency in accordance with laws.  
 
Article 48 Reexamination  
An invention patent applicant dissatisfied with a decision of rejection may provide reason(s) to  
request a reexamination within  two (2) months after the date on which the decision of rejection is  
served. If the patent application is not accepted or dismissed for formality defects or on the ground  
of ineligibility of the applicant, the applicant may directly file administrative rem edy actions in  accordance with the laws.  
 
Article 49 Amendment during reexamination  
Where a decision of rejection is rendered pursuant to Paragraph 2 of Article 46, the applicant may  
amend  the description, claims, or drawing(s) during the reexamination stage.  
Where a final notice has been issued before the decision of rejection is rendered for a patent  
application, any amendment made during the reexamination stage shall still be subject to limitations  
set forth in each subparagraph of Paragraph 4 of Article 43. The above shall not apply to  
reexamination, if the Specific Patent Agency finds that the final notice issued in the original  
examination procedure was improper.  
The Specific Patent A gency may issue a final notice accordingly under any of the following  
circumstances:  
1. where the reason(s) for reexamination still entails grounds for unpatentability;  
2. where the amendment(s) made during the reexamination stage still entails grounds fo r 
  unpatentability; or  
3. where an amendment made in accordance with the preceding paragraph is in violation of the  
  subparagraphs of Paragraph 4 of Article 43.  
 
Article 50 Assignment of a patent examiner for reexamination  
For reexamination, the Specific  Patent Agency shall assign a patent examiner who did not  
participate in the examination of the concerned patent application to conduct reexamination and  
render a written decision to be served on the applicant.  
 
Article 51 Confidentiality of invention invo lving national security  
Where, through examination, an invention involves national defense secrets or any other secrets  
pertaining to national security, the Ministry of National Defense or relevant national security  
authorities shall be consulted for their  comments; if it is deemed necessary to keep such invention  
confidential, the application documents of the said patent application shall be sealed. If a request for  
substantive examination has been filed for the said patent application, an examination deci sion shall  
be rendered and served to the applicant and the inventor.  
The applicant, patent agent and the inventor shall keep confidential the invention referred to in the  
preceding  paragraph; the right to apply for a patent for such invention shall be deemed to have been  
abandoned if there is any violation of the confidentiality requirement.  
The confidentiality period shall last for one (1) year after the date on which a written decision is  
served on the applicant, and such period may be extended on an annual basis. The Specific Patent  
Agency shall consult with the Ministry of National Defense or relevant national security authorities  
one (1) month prior to the expiration of the c onfidentiality period and, if confidentiality is no longer  
required, such patent application shall be laid open.  
Where an invention referred to in Paragraph 1 is approved and where confidentiality is deemed  
unnecessary for such patent application, the Spec ific Patent Agency shall publish the grant of the  
invention patent after receiving patent certificate fee and the first -year annuity paid within three (3)  
months by the applicant. If the said fees are not paid prior to the time period stated above, no  publication shall be made.  
The Government shall pay a considerable compensation for the loss suffered by the applicant during  
the confidentiality period.  
 
Section 4: Patent Rights  
Article 52 Payment of fees and publication  
For a patent application for inventio n that is approved, the grant of such patent application shall be  
published only when the patent certificate fee and the first -year patent annuity are paid by the  
applicant within three (3) months after the date on which the approval decision is served; if  the fees  
are not paid within the said time period, no publication shall be made.  
A patent right granted to a patent application for invention shall start from the publication date of  
the patent, and a patent certi ficate shall be issued thereto.  
The term o f an invention patent shall expire after a period of twenty (20) years from the filing date  
of the application.  
Where the applicant unintentionally fails to pay the required fees within the time period set forth in  
Paragraph 1 or Paragraph 4 of the precedi ng article, the applicant should pay the patent certificate  
fee and two times the first -year patent annuity within six (6) months after the period has expired.  
After the said payment has been made, the Specific Patent Agency shall publish the patent.  
 
Article 53 Extension of patent term  
Where a regulatory approval shall be obtained in accordance with other laws and regulations for the  
exploitation of an invention patent involving a pharmaceutical or agrichemical, or the  
manufacturing process thereof, if  such regulatory approval is obtained after the publication of the  
concerned invention patent, the patentee may apply for one and only one extension of the patent  
term of said invention patent based on the first regulatory approval. The said regulatory app roval is  
allowed to be used only once for seeking patent term extension.  
The extension of the patent term approved under the preceding paragraph shall not exceed the  
length of time when the patent cannot be exploited because of the filing of a request for the 
regulatory approval with the central competent authorities in charge of the business. If the time  
needed to obtain the said regulatory approval exceeds five (5) years, the granted patent term  
extension shall still be five (5) years.  
The term "pharmaceu tical" as set forth in Paragraph 1 does not include any veterinary drug.  
When requesting for patent term extension as provided in the Paragraph 1, a request form and  
document(s) of proof must be submitted to the Specific Patent Agency within three (3) mont hs after  
obtaining the first regulatory approval; no request for patent term extension shall be filed within six  
(6) months prior to the expiry of the original patent term.  
When making a decision on an application for patent term extension, the Specific Pa tent Agency  
shall take into consideration the impact on public health and shall coordinate with the central  
competent authorities in charge of the business to formulate the regulations concerned.  
 
Article 54 Deemed to have been extended  
Where a request for patent term extension is filed in accordance with the preceding article, the  patent term shall be deemed to have been extended if the Specific Patent Agency has yet to render a  
decision before the original patent term expires. However, where such reque st for patent term  
extension is not allowed, the patent term shall expire on the original expiration date.  
 
Article 55 Assignment of a patent examiner for extension request  
The Specific Patent Agency shall assign a patent examiner to examine a request for patent term  
extension, render a written decision and serve it on the patentee.  
 
Article 56 Scope of patent term extension  
The scope of a patent, of which a term extension h as been granted, shall be limited to only the  
effective ingredients and use stated in the regulatory approval concerned.  
 
Article 57 Invalidation of patent term extension  
Any person may file an invalidation action of the granted patent term extension to t he Specific  
Patent Agency, together with document(s) of proof, under any of the following circumstances:  
1. where it is unnecessary to obtain the regulatory approval to exploit the invention patent  
concerned;  
2. where neither the patentee nor licensee ha s obtained the regulatory approval;  
3. where the granted term of extension exceeds the period during which the patent cannot be  
  exploited;  
4. where the requester of the patent term extension is not the patentee;  
5. where the regulatory approval of exten sion request is not the first approval, or a request for  
  extension based on the said regulatory approval has been made;  
6. where the pharmaceuticals involved in the granted patent term extension are veterinary drugs.  
If an invalidation decision revoking the patent term extension has become final and binding, the  
granted patent term extension shall be deemed non -existent ab initio. However, if such final and  
binding invalidation decision of revocation is rendered due to violation of Subparagraph 3 or  
Subparagraph 6 of the preceding paragraph, only the exceeding period of the extension shall be  
deemed non -existent.  
 
Article 58 Effects of invention patent right  
Unless otherwise provided for in this Act, the patentee of an invention patent has an exclusive right  
to prevent others from exploiting the invention without the patentee’s consent.  
Where the invention is a product, exploiting of which means the acts of making, offering for sale,  
selling, using, or importing that product for the aforementioned purposes.  
Where the invention is a process, exploiting of which means the following acts:  
1. using the process; and  
2. using, offering for sale, selling or importing for these purposes the product obtained directly by  
  that process.  
The extent of the prot ection conferred by an invention patent shall be determined by the claim(s),  
and the description and drawing(s) may be considered as a reference when interpreting the claim(s).  
The abstract shall not be used for the purpose of interpreting claim(s).   
Article 59 Limitations of patent right  
The effects of an invention patent right shall not extend to the following circumstances:  
1. acts done privately and for non -commercial purpose(s);  
2. necessary acts to exploit the invention for research or experiment al purpose(s);  
3. acts done by a person who has been exploiting the invention or making all the necessary  
  preparations for doing such act in this country before the filing date of the invention. However,  
this provision shall not apply where the person h as learned of the invention from the patent  
applicant for less than twelve (12) months and the patent applicant has made a statement  
reserving his/her right to a patent being granted;  
4. a vehicle merely passing through the territory of this country, or a ny device of such vehicle;  
5. where a patent granted to a person not the owner of the right to apply for a patent is revoked as a  
  result of an invalidation action filed by the patentee, acts done by a licensee who has, prior to  
invalidation, been exploi ting the invention or making all the necessary preparations to do such an  
act in good faith;  
6. where, after the sale of a patented product made by the patentee or made under consent of the  
patentee, using or reselling such product. The making and sellin g as stated above are not limited  
to acts done domestically; and  
7. where, after an invention patent is extinguished pursuant to Subparagraph 3, Paragraph 1 of  
Article 70 and before it is reinstated and published pursuant to Paragraph 2 of Article 70, acts  
done by a person who has been exploiting the invention or making all the necessary preparations  
to do such an act in good faith.  
The person exploiting the inv ention as stated in Subparagraphs 3, 5, and 7 of the preceding  
paragraph, may continue such exploitation within the original business purpose(s).  
A licensee as stated in Subparagraph 5 of Paragraph 1, who continues to exploit the invention after  
the pate nt is revoked, shall pay the patentee a reasonable royalty from the date of receiving a written  
notice from the patentee.  
 
Article 60 Limitations of patent right: research and trials of pharmaceuticals  
The effects of the patent right shall not extend to r esearch and trials, including their practical  
requirements, necessary for obtaining registration and market approval of drugs under the  
Pharmaceutical Affairs Act or obtaining market approval of pharmaceuticals from a foreign country.  
 
Article 60 -1 
When a n applicant of a drug permit makes a declaration in accordance with Item 4 of Article 48 -9 
of the Pharmaceutical Affairs Act with respect to the patent(s) of the approved new drug listed by 
the holder of said new drug permit, the patentee of said new drug may, upon receipt of the 
notification of said declaration, demand to stop or prevent such infringement in accordance of 
Paragraph 1 of Article 96.  
Should the patentee not file a complaint  against the aforementioned applicant of said drug permit 
within the period specified in Paragraph 1 of Article 48 -13 of the Pharmaceutical Affairs Act, the 
applicant may initiate an action for a declaratory judgment to dictate whether the drug for which they applied for a drug permit infringes the patent.  
 
Article 61 Limit ations of patent right: dispensation of medicines  
The effects of the patent right for the invention of medicines to be manufactured by mixing two or  
more medicines or for the invention of a process thereof shall not extend to the preparing of  
medicines  in accordance with a prescription from a physician, or the medicines so prepared.  
 
Article 62 Recordation to have locus standi against a third party: transference of patent right  
The assigning, entrusting, licensing, or establishing of a pledge on a paten t right by the patentee  
shall have no locus standi against any third party unless it is recorded with the Specific Patent  
Agency.  
The license as stated in the preceding paragraph may be an exclusive license or a non -exclusive  
license.  
An exclusive licensee shall, within the scope of the license granted, exclude the patentee and third  
parties from exploiting the patented invention.  
Where a patentee establishes multiple pledges on the same patent for the purpose of securing  
multiple cr editors’ rights, the ranks of these pledges shall be determined according to the order of  
their recordation.  
 
Article 63 Sub -licensing  
An exclusive licensee may sub -license a third party to exploit the licensed patent unless otherwise  
agreed upon by contr act. 
A non -exclusive licensee shall not be allowed to sub -license a third party to exploit the licensed  
patent without the consent of the invention patentee or the exclusive licensee.  
The sub -licensing contract shall have no locus standi against any thir d party unless it is recorded  
with the Specific Patent Agency.  
 
Article 64 Disposal of jointly -owned patent right  
Where a patent right is jointly owned, except for exploitation by each of the joint owners, it shall  
not be assigned, entrusted, licensed, p ledged, or abandoned without the consent of all the joint  
owner(s).  
 
Article 65 Disposal of one’s own share of jointly -owned patent right  
Where a patent right is jointly owned, no joint owner may assign, entrust or establish a pledge on  
his/her own share  without the consent of all the other joint owner(s).  
Where a joint owner of a patent right has abandoned his/her own share, this share shall be vested in  
other joint owner(s).  
 
Article 66 Prolongation of patent term  
Where an invention patentee has suffered loss as a result of a war between ROC and a foreign  
country, the patentee may request for patent term prolongation for five (5) to ten (10) years; only  
one such prolongation shall be permitted. However, if the pate nt is owned by a national from the  foreign country in war with ROC, a request therefor shall not be allowed.  
 
Article 67 Post -grant amendment of invention patent  
The patentee filing a request for amending the description, claim(s) or drawing(s) of a grante d  
invention patent shall only conduct the following:  
1. to delete claim(s);  
2. to narrow down the scope of claim(s);  
3. to correct errors or  translation errors; and  
4. to clarify ambiguous statement(s).  
Except for correction of translation errors, a pos t-grant amendment shall not extend beyond the  
scope of content disclosed in the description, claim(s), or drawing(s) as filed.  
For a patent application for invention filed by submitting the description, claim(s), and drawing(s)  
in a foreign language pursu ant to Paragraph 3 of Article 25, the correction of translation errors shall  
not extend beyond the scope of content disclosed in the original foreign language documents as  
filed.  
An post -grant amendment shall not substantially enlarge or alter the scope of the claim(s) as  
published.  
 
Article 68 Examination of post -grant amendment  
The Specific Patent Agency shall designate a patent examiner to conduct examination of post -grant  
amendment , render a decision and serve it on the patentee, except for a post -grant amendment filed  
in accordance with Article 77.  
After approving the post -grant amendment, the Specific Patent Agency shall publish the  
examination decision therefor.  
Once a descript ion, claim(s) and drawing(s) are amended and published, such post -grant  
amendment shall take effect retroactively from the filing date.  
 
Article 69 Restriction on abandoning or amending patent right  
A patentee shall not abandon the patent right, or apply for a post -grant amendment as stated in  
Subparagraph 1 or 2, Paragraph 1 of Article 67 without the consent from the licensee(s) or  
pledgee(s) .  
Where a patent right is jointly owned, no joint owner m ay apply for post -grant amendment as stated  
in Subparagraph 1 or 2, Paragraph 1 of Article 67 without the consent from all the joint owner(s).  
 
Article 70 Extinguishment of patent right  
An invention patent right shall become extinguished under any of the following circumstances:  
1. where the patent term has expired, and the patent shall become extinguished;  
2. where the patentee has passed away without heirs;  
3. where the annuity of the second or any subsequent years is not paid within the payment time  
  period, the patent right shall become extinguished retrospectively after the expiration of the  
original due date; or  
4. where the patentee abandoned the patent, the patent right shall be extinguished from the date the  patentee makes a declaration in wri ting. 
The patentee who unintentionally fails to pay a patent annuity within the time period for late  
payment set forth in Paragraph 1 of Article 94 may apply for reinstatement of the patent r ights  
within one (1) year after the expiration of the time period  of late payment by paying triple the  
amount originally due, whereby the Specific Patent Agency shall publish with respect to the above.  
 
Article 71 Grounds for invalidation against invention patent  
Any person may request for an invalidation action agains t an invention patent with the Specific  
Patent Agency under any of the following circumstances:  
1.where there is a violation of Articles 21 to 24, Article 26, Article 31, Paragraphs 1 and 3 of Article  
  32, Paragraph 4 and the forepart of Paragraph 6 of Article 34, Paragraph 2 of Article 43,  
Paragraphs 2 and 3 of Article 44, Paragraphs 2 to 4 of Article 67, or Paragraph 3 of Article 108 of  
this Act;  
2. where the home country of the patentee does not acc ept the patent applications filed by ROC  
nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or where the invention patentee is not the  
owner of the right to apply for an invention patent.  
An invalidation action based on Subparagra ph 3 of the preceding paragraph shall only be filed by  
the interested party.  
With respect to the ground(s) upon which an invalidation action is based and filed against an  
invention patent, the provisions in effect at the time of the said patent being app roved shall govern.  
However, if an invalidation action is filed based on the ground(s) under Paragraph 4 and the forepart  
of Paragraph 6 of Article 34, Paragraph 2 of Article 43, Paragraphs 2 and 4 of Article 67, or  
Paragraph 3 of Article 108, the provisi ons in effect at the time of filing the said action shall govern.  
 
Article 72 Invalidation against extinguished patent  
Where the interested party possesses recoverable legal interests due to the revocation of a patent,  
such interested party may file an in validation action after the said patent has become extinguished  
ipso facto.  
 
Article 73 Invalidation action  
Where an invalidation action is filed, a request form containing a statement and reason(s), along  
with evidence shall be provided.  
Where a patent contains more than one claim, an invalidation action may be filed against parts of  
the claims.  
An invalidation statement shall not be modified or added after filing, but it can be narrowed.  
A requester of invalidation action may provide inv alidation reasons or evidence within three (3)  
months after the date of filing the said action.The reason or evidence shall not be examined if the  
requester fails to provide them within the specified time period.  
 
Article 74 Invalidation proceedings  
Upon receipt of a request form for invalidation action stated in the preceding article, the Specific  Patent Agency shall serve a copy thereof to the patentee.  
The patentee shall provide a response within one (1) month after having been served with a copy of  
the request form. If the patentee fails to provide such response, the invalidation proceedings shall be  
conducted accordingly, unless a request for extension containing reason(s) thereof has been  
approved.  
During the invalidation proceedings, the pat entee shall only file a request for amending the  
invention patent when providing a response after having been served with a copy of the request  
form, or when providing a response or supplementary response after having been served with a  
notification from  the Specific Patent Agency. The above shall not apply if a litigation case involving  
the invention patent is pending.  
The Specific Patent Agency may, when necessary, notify the invalidation requester to submit  
comments or the patentee to provide a respo nse or a supplementary response. The invalidation  
requester or patentee shall reply within one (1) month after having been served with the notification.  
Unless a request for extension thereof has been approved, the comments or response shall not be  
exami ned if the requester or patentee fails to submit comments or provide a response within the  
specified time period.  
The Specific Patent Agency may conduct invalidation proceedings accordingly if the comment(s) or  
the response(s) submitted or provided pursu ant to the preceding paragraph is likely to delay the  
proceedings or if the facts and evidence are sufficiently clear.  
 
Article 75 Principle of ex officio  
When conducting invalidation proceedings, the Specific Patent Agency may, by ex officio, examine  
the reason(s) and evidence not provided by the requester of invalidation action but within the scope  
of the invalidation statement, and notify the patentee to respond within a specified time period. The  
invalidation  proceedings shall be conducted accordingly if the patentee fails to respond within the  
time period.  
 
Article 76 Interview and inspection in invalidation proceedings  
When conducting invalidation proceedings, the Specific Patent Agency may, upon a request o r ex  
officio, notify the patentee to take any of the following actions within a specified time period:  
1. to appear at the Specific Patent Agency for interview; or  
2. to conduct necessary experiment(s) or provide model(s) or sample(s).  
The Specific Patent  Agency may, when necessary, visit the site or a designated place to carry out  
inspection on the experiment(s) performed or model(s) or sample(s) to be submitted pursuant to  
Subparagraph 2 of the preceding paragraph.  
 
Article 77 Consolidated proceedings of invalidation and post -grant amendment  
If, during the invalidation proceedings, a request for post -grant amendment is filed, the said  
proceedings and post -grant amendment shall be consolidated; the decisions concerned shall be  
jointly rendered as well.  
If the Specific Patent Agency considers the said post -grant amendment approvable, it shall serve a  
copy of the amended description, claim(s) and/or drawing(s) to the requester of invalidation action.  The above shall not apply if the post -grant amendment is made only to delete claim(s).  
Where there are two or more requests for post -grant amendment filed during the proceedings of  
same invalidation action, the earlier -filed request(s) for post -grant amendment shall be deemed to  
have been withdrawn.  
 
Articl e 78 Consolidated proceedings of multiple invalidation actions  
Where there are multiple invalidation actions filed against the same patent, the Specific Patent  
Agency, when necessary, may consolidate the invalidation proceedings of the said actions.  
Where  the invalidation proceedings have been consolidated pursuant to the preceding paragraph,  
decisions concerned may also be rendered jointly.  
 
Article 79 Assignment of a patent examiner for invalidation  
When conducting invalidation proceedings, the Specific Patent Agency shall assign a patent  
examiner to render a decision and serve it to the patentee and the requester of invalidation action.  
Decision on an invalidation action shall be rendered on a claim -by-claim basis.  
 
Article 80 Withdrawal of invalidation action  
An invalidation action may be withdrawn by the requester before a decision concerned has been  
rendered. However, if the patentee has already submitted a response, such withdrawal shall be  
consented by the patentee.  
The Specific Patent Agency shall notify the patentee of the withdrawal of an invalidation action. If  
the patentee raises no objection within ten (10) days after the notice has been served, it shall be  
deemed that the patentee has co nsented to such withdrawal.  
 
Article 81 Principle of ne bis in idem  
Under any of the following circumstances, any person shall not be allowed to separately file an  
invalidation action against the same patent based on the same facts and evidence:  
1. where another invalidation action has been filed based on the same facts and evidence and  
  considered groundless by a decision; or  
2. where new evidence is provided to the Intellectual Property Court pursuant to Article 33 of the  
Intellectual Property Case Ad judication Act and considered groundless by a judgment.  
 
Article 82 Decision of invalidation action  
Where an invalidation action against an invention patent is considered well grounded, the patent  
right shall be revoked; such revocation may be made on a cl aim-by-claim basis.  
Revocation of an invention patent right shall become final and binding under any of the following  
circumstances:  
1. where no administrative remedy proceedings are filed in accordance with laws; or  
2. where  administrative remedy proceedings are filed but dismissed finally and bindingly.  
Where an invention patent is revoked finally and bindingly, the effect of patent right shall be  
deemed not to have existed.  
 Article 83 Procedures to be applied mutatis mutan dis to invalidation action against patent term 
extension  
With respect to an invalidation action filed against patent term extension of an invention patent  
pursuant to Paragraph 1 of Article 57, the provisions in this Act with respect to invalidation actio ns  
against invention patents shall apply mutatis mutandis.  
 
Article 84 Publication in the Patent Gazette  
An invention patent with respect to grant, change, extension, prolongation, assignment, trust,  
licensing, compulsory licensing, revocation, extinguis hment, pledge establishment , invalidation  
decisions, as well as other matters that should be published shall be published in the Patent Gazette.  
 
Article 85 Patent Registry  
The Specific Patent Agency shall maintain a Patent Registry, in which the patent grants, changes of  
patent rights, and all other matters required by laws shall be registered.  
The Patent Registry set forth in the preceding paragraph may be produced electro nically and shall  
be made available to the public for browsing, transcribing, photographing, or photocopying.  
 
Article 86 Publication by electronic means  
Matters which should be laid open and published by the Specific Patent Agency in accordance with  
this Act may be done electronically; the date for such implementation shall be decided by the  
Specific Patent Agency.  
 
Section 5 Compulsory Licensing  
Article 87 Grounds for compulsory licensing  
In response to national emergency or other circumstances of extr eme urgency, the Specific Patent  
Agency shall, in accordance with an emergency order or upon notice from the central government  
authorities in charge of the business, grant compulsory licensing of a patent needed, and notify the  
patentee  as soon as reasonably practicable.  
The Specific Patent Agency may, upon request, grant compulsory licensing of a patent under any of  
the following circumstances for which it is deemed necessary:  
1. where a patented invention is to be exploited non -commer cially for the enhancement of public  
  interest;  
2. where a later invention or utility model patent cannot be exploited without infringing upon a prior  
invention or utility model patent, and where the later invention or utility model patent involves an  
important technical advancement of considerable economic significance in relation to the prior  
invention or utility model patent; or  
3. where a patentee has committed acts restricting competition or has committed unfair competition  
acts, for which a judgm ent has been made by a court of law or a decision has been rendered by  
the Fair Trade Commission of the Executive Yuan.  
Request for compulsory licensing of a patent involving semiconductor technology shall be filed  
based on the grounds set forth in Subpa ragraph 1 or 3 of the preceding paragraph.  
Request for compulsory licensing of a patent made pursuant to Subparagraph 1 or 2 of Paragraph 2  may only be approved if the requestor has made efforts to obtain authorization from the right holder  
on reasonable  commercial terms and conditions, and that such efforts have not been successful  
within a reasonable time period.  
Where a request for compulsory licensing of a patent is made pursuant to Subparagraph 2 of  
Paragraph 2, the owner of the prior patent may pr opose reasonable terms and conditions and seek  
grant of compulsory licensing of the later patent owned by the requestor.  
 
Article 88 Procedure and decision of compulsory licensing  
After receiving a request for compulsory licensing filed pursuant to Paragr aph 2 of the preceding  
Article or Article 90, the Specific Patent Agency shall notify and require the patentee concerned to  
respond within a specified time period. If no response is made within the specified time period, the  
Specific Patent Agency may then proceed to the examination of the compulsory licensing request.  
Exploitation of a compulsory license shall be predominantly for the supply of domestic market. The  
above shall not apply to the compulsory license granted pur suant to Subparagraph 3, Paragraph 2 of  
the preceding Article.  
The decision on a request for compulsory license shall be made in writing and shall indicate the  
reasons, scope, duration, and the required remuneration.  
Granting of compulsory licensing shal l not affect the exercise of patent right by the patentee  
concerned.  
The right(s) granted under a compulsory license shall not be assigned, entrusted, inherited, licensed  
or pledged except for any of the following circumstances:  
1. where a compulsory lice nse is granted pursuant to Subparagraph 1 or Subparagraph 3, Paragraph  
  2 of the preceding Article and is assigned, entrusted, inherited, licensed or pledged with the  
 business involving the exploitation of the patent; or  
2. where  a compulsory license is granted pursuant to Subparagraph 2 of Paragraph 2 or Paragraph 5  
of the preceding Article and is assigned, entrusted, inherited, licensed or pledged with the patent  
right of the licensee.  
 
Article 89 Repeal of a compulsory licens e 
Where a compulsory license granted pursuant to Paragraph 1 of Article 87 is considered no longer  
necessary by the central government authorities in charge of the business, the Specific Patent  
Agency shall repeal the compulsory license upon a notice fro m the said authorities.  
The Specific Patent Agency may, upon request, repeal a granted compulsory license under any of  
the following circumstances:  
1. where the fact warranting the compulsory license has been changed and compulsory licensing is  
no longer necessary;  
2. where the licensee fails to properly exploit the patent as required in the compulsory license ; or  
3. where the licensee fails to pay the remuneration as determined by the Specific Patent Agency.  
 
Article 90 Compulsory  licensing of pharmaceuticals: grounds and procedures  
For purposes of assisting countries with insufficient or no manufacturing capacities in  
pharmaceutical sector to obtain pharmaceutical product(s) needed for treating HIV/AIDS,  tuberculosis, malaria and  other epidemics, the Specific Patent Agency may, upon request, grant a  
compulsory license to the requestor to exploit a patent concerned for the purpose of producing and  
importing pharmaceutical product(s) to these countries.  
Request for a compulsory li cense made pursuant to the preceding paragraph may only be granted if  
the requestor has made efforts to obtain authorization from the right holder on reasonable  
commercial terms and conditions and that such efforts have not been successful within a reaso nable  
period of time; however, the above shall not apply if compulsory licensing of the required  
pharmaceutical product(s) has been granted in the importing country.  
If the importing country concerned is a WTO member, the requestor shall, when filing a request  
pursuant to Paragraph 1, provide document(s) proving that the importing country has fulfilled the  
following:  
1. the Council for Trade -related Aspects of Intellectual Property Rights has been notified of the  
name(s) and expected quantities of the  pharmaceutical product(s) needed;  
2. the Council for Trade -related Aspects of Intellectual Property Rights has been notified of its  
  intention as an importer and has established that it has insufficient or no manufacturing capacities  
in the pharmaceutic al sector. However, such document(s) of proof is not required if the importing  
country is a least -developed country; and  
3. where the required pharmaceutical product(s) is  not patented in the importing country, or where  
the pharmaceutical product(s) is patented in its territory, the importing country has granted or is  
about to grant a compulsory license.  
The so called "least -developed countries" mentioned in the preceding paragraph refers to countries  
announced by the United Nations (UN) as being least -developed countries.  
Where the importing country is not a WTO member, but a least -developed country or a country with  
insufficient or no manufacturing capacities in the pharmaceutical sector, the requestor shall, when  
filing  a request for compulsory licensing pursuant to Paragraph 1, provide document(s) proving that  
the importing country has fulfilled the following conditions:  
1. the name(s) and expected quantities of the pharmaceutical product(s) needed have been filed in  
  writing with the foreign affairs authorities of the ROC; and  
2. stating that it agrees to prevent re -exportation of the pharmaceutical product(s) needed.  
 
Article 91 Compulsory licensing of pharmaceuticals: export and remuneration  
Pharmaceutical product(s) produced under compulsory licensing pursuant to the preceding Article  
shall be exported to the importing country entirely, and the quantity of the product authorized to be  
produced shall not be more than the quantity required by  the importing country in its notice sent to  
the Council for Trade -related Aspects of Intellectual Property Rights or the foreign affairs  
authorities of the ROC.  
Pharmaceutical product(s) produced under compulsory licensing granted pursuant to the preced ing 
Article and the external packaging thereof shall be marked with the licensing basis specified by the  
Specific Patent Agency; the packaging, coloring or shaping of the pharmaceutical product(s)  
produced under compulsory licensing shall be sufficiently  distinguishable from pharmaceutical  
product(s) produced by the patentee or his/her licensee(s).  
The licensee of a compulsory license shall pay appropriate remuneration to the patentee. The  amount of remuneration shall be decided by the Specific Patent Ag ency, taking into account the  
economic value of the patent of the required pharmaceutical product(s) to the importing country  
with reference to the human development index issued by the United Nations.  
Before exporting the pharmaceutical product(s) produc ed under a compulsory license, the licensee  
shall post on a website the quantities, name(s) and destination(s) of such pharmaceutical product(s),  
as well as distinctive features thereof.  
Inspection and registration of the pharmaceutical product(s) produce d and exported under  
compulsory licensing pursuant to the preceding Article shall not be bound by Paragraph 2, Article  
40ter of the Pharmaceutical Affairs Act.  
 
Section 6: Payment of Fees  
Article 92 Fees  
With respect to each request for patent -related matters, the requestor shall pay fees at the time of  
filing.  
For a granted invention patent, the patentee shall pay a patent certificate fee and patent annuities. If  
extension or prolongation of patent term  is allowed, patent annuities shall still be paid during the  
extended or prolonged patent term.  
 
Article 93 Time period for payment of annuity  
The annuity for an invention patent shall be paid starting from the publication date. Payment of the  
first-year annuity shall be made pursuant to the provision set forth in Paragraph 1, Article 52 hereof,  
while the payment of the second -year annuity and the annuities thereafter shall be made before the  
period thereof expires.  
The annuity for several years may be paid at one time. Under such circumstance, if the annuity rate  
is adjusted upward, the patentee concerned will not be required to pay the deficit.  
 
Article 94 Addition of annuity  
If the annuity for the second or any subsequent year is not paid within the specified time period, a  
late payment can be made within six (6) months after the original due date with a specified  
percentage addition.  
The additional annuities based on the specified percentage addition as stated in the preceding  
paragraph  means that the  additional annuity shall be paid depending on the amount of time  
elapsed from the original due date. For every month that has elapsed, an additional fee at a ratio of  
20% shall be paid; the maximum of the additional fee shall be th e same as the amount originally 
due.  
The elapsed time from one day to one month shall be deemed as one month.  
Article 95 Reduction of annuity  
Where the patentee of an invention patent is a natural person, school or small and medium  
enterprise, the patentee may r equest for a reduction of patent a nnuity with the Specific Patent  
Agency.  
 
Section 7 Damages and Litigation Action  Article 96 Right to claim in the event of patent right infringement  
A patentee of an invention patent may demand a person who infringes or is likely to infringe the  
patent right to stop or prevent such infringement.  
In case an infringement of invention patent occurs due to intentional act or negligence, the patentee  
may claim for damages suffered therefrom.  
When making a demand pursuant to Paragraph 1, the patentee may request for destruction of the  
infringing articles or the materials or implements used in the infringing act, or request for other  
necessary disposal.  
An exclusive licensee may, within the licensed scope, make demands in accordance with the  
preceding three paragraphs. However, if it is otherwise provided for in an agreement, such  
agreement shall prevail.  
Where the inventor’s right to be indicated as suc h is infringed, the inventor may request for  
necessary disposition(s) to have his/her name indicated or to restore the impaired reputation.  
The rights to claim as set forth in Paragraph 2 and the preceding paragraph shall become  
extinguished if not exerc ised within two (2) years after the patentee has become aware of the  
damage and the person liable for damages. This right shall also become extinguished if it is not  
exercised within ten (10) years after the time of infringement.  
 
Article 97 Calculation o f damages  
The damages claimed pursuant to the preceding article may be calculated according to any of the  
following methods:  
1. the method as set forth in Article 216 of the Civil Code; if no method of proof can be produced to  
  prove the damages suffered , a patentee may claim damages based on the difference between the  
profit earned through patent exploitation after infringement and the profit normally expected  
through exploitation of the same patent;  
2. the  profit earned by the infringer as a result of patent infringement; or  
3. the amount calculated on the basis of reasonable royalties that may be collected from exploiting  
  the invention patent being licensed.  
Subject to the preceding paragraph, where the infringement is found to be intentionally committed,  
the court may, upon request and on the basis of the severity of the infringement, award the damages  
greater than the loss suffered but not exceeding three (3) times of the proven loss.  
 
Article 97 -1 Bo rder measures: detention request, security and counter security  
A patentee may request Customs to detain the imported articles that are suspected of infringing the  
patent right(s).  
The request referred to in the preceding paragraph shall be made in wring, accompanied by the  
preliminary showing of the facts of infringement and a security amounting to the duty -paid price of  
the imported articles, as assessed by Customs, or equivalent assurance.  
Customs shall immediately notify the detention requester upon acc eptance of the request. Having  
deemed such request to be in compliance with the preceding paragraph, Customs shall notify in  
writing both the detention requester and the owner of the detained articles when carrying out the  
detention.  By providing a security amounting to two times the security or equivalent assurance referred to in  
Paragraph 2, the owner of the detained articles may request Customs to repeal the detention and to  
follow the procedures under applicable regulations gover ning customs clearance of imported  
articles.  
Customs may allow the detention requester or the owner of the detained articles to examine the  
detained articles, provided that confidential information protection of the detained articles is not  
compromised.  
If the detention requester obtains a court judgment deeming that the detained articles infringe the  
patent right(s), the owner of the detained articles shall be liable for relevant costs including  
demurrage, warehousing, loading, and unloading.  
 
Article 97-2 Border measures: repeal of detention and subsequent procedures  
Customs shall repeal the detention in case of any of the following:  
1. customs has not been notified by the detention requester, within twelve (12) days following the  
date of Customs’ acc eptance of the request, that a litigation claiming that the detained articles  
infringe the patent right(s) has been initiated in accordance with Article 96;  
2. a litigation initiated by the detention requester claiming that the detained articles infringe  the  
patent right(s) has been dismissed by a final and binding court judgment;  
3. a court of law in a final and binding judgment has held that the detained articles do not infringe  
patent right(s);  
4. the detention requester has requested the repeal of d etention; or  
5. the condition stated in Paragraph 4 of the preceding article has been met.  
If necessary, Customs may extend the time period as prescribed in Subparagraph 1 of the preceding  
paragraph by another twelve (12) days.  
Customs repealing the deten tion in accordance with Paragraph 1 shall follow the procedures under  
applicable regulations governing customs clearance of imported articles.  
If the detention is repealed in accordance with Subparagraphs 1 through 4 of Paragraph 1, the  
detention requeste r shall be liable for relevant costs including demurrage, warehousing, loading, and  
unloading.  
 
Article 97 -3 Border measures: compensation and return of security  
If a court of law in a final and binding judgment has held that the detained articles do not i nfringe  
the patent right(s), the detention requester shall be liable to compensate the owner of the detained  
articles for the loss incurred from such detention or from providing the security as prescribed in  
Paragraph 4 of Article 97 -1. 
The detention req uester enjoys the same right as a pledgee regarding the security as prescribed in  
Paragraph 4 of Article 97 -1; the owner of the detained articles enjoys the same right as a pledgee  
regarding  the security as prescribed in Paragraph 2 of Article 97 -1. Notwithstanding the foregoing,  
the relevant costs including demurrage, warehousing, loading, and unloading as prescribed in  
Paragraph 4 of the preceding article and Paragraph 6 of Article 97 -1 shall be paid prior to  
compensation for the loss suffered by the detention requester or the owner of the detained articles.  
In case of any of the following, Customs shall, upon request from the detention requester, return the  security as prescribed in Par agraph 2 of Article 97 -1: 
1. the security is no longer required as a final and binding court judgment has been rendered in favor  
of the detention requester or the detention requester has reached a settlement with the owner of  
the detained articles;  
2. wh ere the owner of the detained articles has suffered loss due to a repeal of detention in  
  accordance with Subparagraphs 1 through 4, Paragraph 1 of the preceding article, or where a final  
and binding court judgment has been rendered in favor of the owner of the detained articles, the  
detention requester proves that the owner of the detained articles has been notified to exercise the  
right within a specified time period of no less than twenty  (20) days but the owner of the detained  
articles has yet to do so within the said period; or  
3. the owner of the detained articles has agreed upon such return.  
In case of any of the following, Customs shall, upon request from the owner of the detained art icles,  
return the security as prescribed in Paragraph 4 of Article 97 -1: 
1. the security is no longer required as the detention has been repealed in accordance with  
Subparagraphs 1 through 4, Paragraph 1 of the preceding article, or a settlement has been  reached  
between the owner of the detained articles and the detention requester;  
2. where a final and binding court judgment has been rendered in favor of the detention requester,  
the owner of the detained articles proves that the detention requester has  been notified to exercise  
the right within a specified time period of no less than twenty (20) days but the detention  
requester has yet to do so within the said period; or  
3. the detention requester has agreed upon such return.  
 
Article 97 -4 Border measures: formulation of procedural regulations  
The competent authority shall, in coordination with the Ministry of Finance, formulate regulations  
governing the request of detention, repeal of detention, examination of detained articles, the  
procedures i nvolving payment, provision, and return of security or assurance, provision of required  
documents, and other requirements, as prescribed in the preceding three (3) articles.  
 
Article 98 Marking of patent certificate number  
The patent certificate number sha ll be marked on the patented article. If such marking cannot be  
fixed on the patented article, the patentee may make such marking on the labels or packaging, or  
make such marking in a distinct way sufficient to draw people’s attention. Where no patent ma rking  
is made, evidence shall be produced when claiming damages to prove that the infringer knows or  
has a reason to know that the said article is under patent protection.  
 
Article 99 Presumption of manufacturing process used  
Where an article produced fol lowing a manufacturing process is still unknown within and outside of  
this country before the filing of a patent application for the manufacturing process, another article  
identical thereto made by another person shall be presumed to have been produced fo llowing the  
said manufacturing process.  
The presumption made under the preceding paragraph may be rebutted by providing proof to the  
contrary. A proof made by the defendant that the process used in manufacturing the article at issue is  different from th e patented process shall be deemed as proof to the contrary. The legitimate rights  
and interests with respect to manufacturing and trade secrets disclosed in the defendant‘s evidence  
shall be fully protected.  
 
Article 100 Forwarding  a certified copy of judgment  
A court of law shall forward to the Specific Patent Agency a certified copy of the judgment issued  
thereby for a litigation case involving invention patent.  
 
Article 101 Acceleration of invalidation proceedings  
Where an invalidation action involves the trial of an infringement litigation case, the Specific Patent  
Agency shall give priority to such invalidation proceedings.  
 
Article 102 Unrecognized foreign juristic person or organization  
An unrecognized foreign juristic person or organization may file civil suits in respect of the matters  
governed by this Act.  
 
Article 103 Patent infringement assessment  
A court of law may form specialized tribunal(s) or assign specific staff members to take charge of  
invention patent litigation cases.  
The Judicial Yuan may designate specialized institution(s) to conduct pat ent infringement  
assessment.  
A court of law in processing a litigation pertaining to an invention patent may request the  
specialized institution(s) designate d according to the preceding paragraph to conduct patent  
infringement assessment.  
 
Chapter 3 Utility Model Patent  
Article 104 Definition  
"Utility model" means the creation of technical ideas relating to the shape or structure of an article  
or combination  of articles, utilizing the laws of nature.  
 
Article 105 Statutory exclusion  
A utility model patent shall not be granted if it is contrary to public order or morality.  
 
Article 106 Filing date  
An application for a utility model patent shall be filed with t he Specific Patent Agency by the owner  
of right to apply for a patent by providing a request form, a description, claim(s), an abstract, and  
drawing(s).  
The filing date of a patent application for utility model shall be the date on which the request form,  
description, claim(s), and drawing(s) are provided in full.  
Where an applicant does not provide a description, claim(s) and drawing(s) in Chinese at the  time of  
filing, but in a foreign language, and where the Chinese translation for the said documents is  
provided within the time period specified by the Specific Patent Agency, the filing date shall be the  date on which the foreign language version is o riginally provided.  
Where the Chinese translation is not provided within the specified time period as stated in the  
preceding paragraph, the patent application shall be dismissed; however, if the Chinese translation is  
provided  before the dismissal decision is served, the date on which the Chinese translation is  
provided shall be regarded as the filing date, and the foreign language version shall be deemed not  
to have been provided.  
 
Article 107 Divisional application of utili ty model patent  
A patent application for utility model which substantially contains two or more utility models may,  
upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or  
more divisional applications.  
A request  for division shall be filed within the time periods specified below:  
1. prior to the rendering of a decision on the original utility model application; or  
2. within three (3) months after the date on which an approval decision on the original utility mode l  
application is rendered.  
 
Article 108 Conversion of application  
Where a patent application originally filed for invention or design is converted into a patent  
application for utility model, or where a patent application originally filed for utility mo del is  
converted into a patent application for invention, the filing date of the original patent application  
shall be deemed to be the filing date of the converted patent application.  
A request for patent conversion shall not be made under any of the foll owing circumstances:  
1. after a written decision allowing the original patent application is served;  
2. two (2) months after the date on which a written decision rejecting the original patent application  
  for invention or design is served; or  
3. thirty (30) days after the date on which a written decision rejecting the original patent application  
for utility model is served.  
A converted patent application shall not extend beyond the scope of content disclosed in the  
description, claim(s), or d rawing(s) of the original patent application as filed.  
 
Article 109 Amending patent application  
When conducting formality examination of a patent application for utility model, the Specific Patent  
Agency may, upon request or by ex officio, notify the appl icant to amend the description, claim(s)  
or drawings within a specified time period.  
 
Article 110 Foreign language documents  
The description, claim(s), and drawing(s) of an application for utility model that are provided in a  
foreign language pursuant to Paragraph 3 of Article 106 shall not be amended.  
The Chinese translation provided pursuant to Paragraph 3 of Article 106 shall not extend beyond the  
scope of content disclosed in the original foreign language documents as filed.  
 
Article 111 Decision of F ormality Examination  Upon completion of the formality examination of a patent application for utility model, a written  
decision shall be rendered and served on the applicant.  
When a patent application for utility model is determined to be unpatentable aft er formality  
examination, the reason(s) therefor shall be given in the written decision.  
 
Article 112 Formality examination  
A patent application for utility model undergoing formality examination shall be rejected under any  
of the following circumstances:  
1. where the utility model does not relate to the shape, structure of an article or combination of  
articles;  
2. where there is a violation of Article 105;  
3. where there is a violation of Paragraph 4 of Article 26, applicable  mutatis mutandis under Article  
  120; 
4. where there is a violation of Article 33, applicable mutatis mutandis under Article 120;  
5. where the description, claim(s), or drawing(s) does not disclose the essential matters or the  
disclosure therein is obvio usly unclear;  
6. where an amendment obviously extends beyond the scope of content disclosed in the description,  
claim(s) or drawing(s) as filed.  
 
Article 113 Grant of patent; publication  
A claimed utility model shall be patented if, after formality exami nation, there is no event negating  
its patentability, and the claim(s) and the drawing(s) thereof shall be published.  
 
Article 114 Patent term  
The term of a utility model patent shall expire after a period of ten (10) years starting from the filing  
date.  
 
Article 115 Request for technical evaluation report  
After a patent application for utility model is published, any person may file a request with the  
Specific Patent Agency for a technical evaluation report of utility model patent.  
The Specific Patent Agency shall publish in the Patent Gazette the  request for the technical  
evaluation report of utility model patent.  
The Specific Patent Agency shall assign a patent examiner to issue the technical evaluation report of  
utility model patent, and the report  shall bear the name of the assigned patent examiner.  
In regard of the request filed pursuant to Paragraph 1, the Specific Patent Agency shall issue the  
technical evaluation report of utility model patent with respect to matters set forth in Subparagraph  
1, Paragraph 1, Paragraph 2 of Article 22, applicable mutatis mutandis under Article 120, Article 23,  
applicable mutatis mutandis under Article 120, and Article 31, ap plicable mutatis mutandis under  
Article 120.  
In regard of a request for the technical evaluation report of utility model patent made pursuant to  
Paragraph 1, if stated therein that the utility model patent is commercially exploited by a party other  
than the patentee and if relevant document(s) of proof  is provided, the Specific Patent Age ncy  shall issue the technical evaluation report of utility model patent within six (6) months.  
Request for a technical evaluation report of utility model patent can still be filed after the utility  
model patent has become extinguished.  
Request filed purs uant to Paragraph 1 shall not be withdrawn.  
 
Article 116 Presentation of technical report  
When exercising a utility model patent, the patentee shall not make a warning without presenting  
the technical evaluation report of utility model patent.  
 
Article 11 7 Liability of damages; immunity  
Where a utility model patent is revoked, the patentee shall be liable for the damages suffered by  
another person due to the patentee’s exercise of utility model patent right prior to its revocation. The  
above shall not a pply if such exercise is based on the content of the technical evaluation report of  
utility model patent and carried out with due care.  
 
Article 118 Post -grant amendment of utility model patent  
With the exception to the situation set forth in Paragraph 3 of Article 74, applicable mutatis  
mutandis under Article 120, the patentee requesting to amend a utility model patent shall do so only  
within the time periods specified below:  
1. a request for t echnical evaluation report of the utility model patent is pending.  
2. a litigation case involving the utility model patent is pending.  
 
Article 119 Grounds for invalidation action against utility model patent  
Any person may request for an invalidation action against a utility model patent with the Specific  
Patent Agency under any of the following circumstances:  
1. where there is a violation of Article 104, Article 105, Paragraph 3 of Article 108, Paragraph 2 o f  
Article 110, Article 22 applicable mutatis mutandis under Article 120, Article 23 applicable  
mutatis mutandis under Article 120, Article 26 applicable mutatis mutandis under Article 120,  
Article 31 applicable mutatis mutandis under Article 120, Paragr aph 4 and the forepart of  
Paragraph 6 of Article 34 applicable mutatis mutandis under Article 120, Paragraph 2 of Article  
43 applicable mutatis mutandis under Article 120, Paragraph 3 of Article 44 applicable mutatis  
mutandis under Article 120, Paragraph s 2 to 4 of Article 67 applicable mutatis mutandis under  
Article 120 of this Act;  
2. where the home country of the patentee does not accept patent applications filed by ROC  
nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or wher e the utility model patentee is not  
the owner of the right to apply for a utility model patent.  
An invalidation action based on Subparagraph 3 of the preceding paragraph shall only be filed by  
the interested party.  
With respect to the ground(s) for an inva lidation action against a utility model patent, the provisions  
in effect at the time of the said patent being approved shall govern. However, if an invalidation  
request is filed based on violation of the ground(s) under Paragraph 3 of Article 108, Paragr aph 4  and the forepart of Paragraph 6 of Article 34 applicable mutatis mutandis under Article 120,  
Paragraph 2 of Article 43 applicable mutatis mutandis under Article 120, or Paragraph 2 and  
paragraph 4 of Article 67 applicable mutatis mutandis under Ar ticle 120, the provisions in effect at  
the time of filing the said request shall govern.  
A written decision on an invalidation action shall bear the names of the patent examiners.  
 
Article 120 Provisions applied mutatis mutandis to utility model patent  
Article 22, Article 23, Article 26, Articles 28 to 31, Article 33, Paragraphs 3 to 7 of Article 34,  
Article 35, Paragraphs 2 and 3 of Article 43, Paragraph 3 of Article 44, Paragraph 2 of Article 46,  
Paragraph 2 of Article 47, Article 51, Paragraphs 1, 2  and 4 of Article 52, Paragraphs 1, 2, 4 and 5 of  
Article 58, Article 59, Articles 62 to 65, Article 67, Paragraphs 2 and 3 of Article 68, Article 69,  
Article 70, Articles 72 to 82, Articles 84 to 98, and Articles 100 to 103 shall apply mutatis mutandis  
to utility model patent.  
 
Chapter 4 Design Patent  
Article 121 Definition of design  
"Design" means the creation made in respect of the shape, pattern, color, or any combination thereof  
, of an article as a whole or in part by visual appeal.  
For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, an  
application may also be filed pursuant to this Act for obtaining a design patent.  
 
Article 122 Substantial conditions  
A design which is industrially applicable  may be granted a design patent upon application in  
accordance with this Act, provided any of the following does not exist:  
1. an identical or similar design was disclosed in a printed publication prior to the filing of the  
patent application;  
2. an iden tical or similar design was publicly exploited prior to the filing of the patent application;  
or 
3. the design was known to the public prior to the filing of the patent application.  
A design that is without the circumstances prescribed in the preceding pa ragraph but can be easily  
conceived by a person ordinarily skilled in the art based on prior art shall not be patented.  
A disclosure made by or against the applicant’s will shall not be deemed as one of the circumstances  
that would preclude the grant of an design patent prescribed in the subparagraphs of Paragraph 1 or  
the preceding paragraph, provided that the concerned patent application is filed within six (6)  
months after the date of the disclosure.  
For the publication in a gazette made in this country or a foreign country in accordance with the  
laws as the consequence of filing a patent application and made by the applicant’s will, the  
preceding paragraph is not applicable.  
 
Article 123 Design deemed as lack of novelty  
Where a design claimed in a patent application for design is identical or similar to a design  
disclosed in the description or drawing(s) of an earlier -filed patent application for design which is  published after the filing of the later -filed patent applicat ion for design, the design patent shall not  
be granted; however, this shall not apply where the applicant of the later -filed patent application for  
design is also the applicant of the earlier -filed patent application for design.  
 
Article 124 Statutory ex clusion  
A design patent shall not be granted in respect of any of the following:  
1. the shape of an article solely dictated by its function;  
2. fine arts;  
3. the layout of integrated circuits and electronic circuits; or  
4. an article contrary to public ord er or morality.  
 
Article 125 Filing date  
A patent application for design shall be filed with the Specific Patent Agency by the owner of the  
right to apply for a patent by providing a request form, description and drawing(s).  
The filing date of a patent ap plication for design shall be the day on which the request form,  
description and drawing(s) are provided in full.  
Where an applicant does not provide a description and drawing(s) in Chinese at the time of filing,  
but in a foreign language, and where the C hinese translation for the said documents is provided  
within the time period specified by the Specific Patent Agency, the filing date shall be the date on  
which the foreign language version is originally provided.  
Where the Chinese translation is not provided within the specified time period as stated in the  
preceding paragraph, the patent application for design shall be dismissed; however, if the Chinese  
translation is provided prior to the dismissal decision is s erved, the date on which the Chinese  
translation is provided shall be regarded as the filing date, and the foreign language version shall be  
deemed not to have been provided.  
 
Article 126 Disclosure  
The description and drawing(s) shall fully disclose the design in a manner clear and sufficient for it  
to be understood and carried out by a person ordinarily skilled in the art of the design.  
The manners of disclosure for description and drawing(s) shall  be prescribed in the Enforcement  
Rules of the Patent Act.  
 
Article 127 Application and restriction of derivative design patent  
For two or more similar designs owned by the same person, applications may be filed for a design  
patent and its derivative des ign patent(s).  
The filing date of a patent application for derivative design shall not be earlier than the filing date of  
the original patent application for design.  
A patent application for derivative design filed after the publication of the original de sign patent is  
not acceptable.  
An applicant shall not file a patent application for derivative design patent if the design therein is  
only similar to another derivative design patent but not to the original design patent.  
 Article 128 First -to-file princ iple 
Where two or more patent applications are filed for the same or similar design(s), only the  
earlier -filed application can be granted. The above shall not apply if the priority date claimed for the  
later-filed application is earlier than the filing da te of the earlier application.  
Where the filing date and the priority date referred to in the preceding paragraph are the same, the  
applicants shall be notified to reach an agreement with respect to the matter concerned. If such an  
agreement  cannot be reached, none of the applications shall be granted. If the said patent  
applications are filed by the same applicant, the applicant shall be notified to select one patent  
application within a specified time period; failure to make a selection wi thin the time period shall  
result in the rejection of all such patent applications.  
While the applicants concerned are in the process of reaching an agreement, the Specific Patent  
Agency shall require that these applicants report the results of the negot iation within an appropriate  
time period. If the said report is not provided within the specified time period, it shall be deemed  
that the agreement has not been reached.  
The above three paragraphs shall not apply to any of the following:  
1. the applicat ions for the original design and its derivative design(s); or  
2. the applications for two or more derivative designs that originate from the same design.  
 
Article 129 Unity; design for a set of articles  
An application for a design patent shall relate to on e design.  
Two or more articles belonging to the same class and are customarily sold or used together may be  
filed as one design.  
A patent application for design shall indicate the article to which the design is applied.  
 
Article 130 Division of applicatio n 
A patent application for design that substantially contains two or more designs may, upon notice by  
the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional  
applications.  
A request for division shall be made b efore a reexamination decision on the original application is  
rendered.  
Examination of a divisional patent application shall resume the completed procedure of the original  
patent application.  
 
Article 131 Conversion between design patent and derivative d esign patent  
Where a patent application for design is converted into a patent application for derivative design or  
where a patent application for derivative design is converted into a patent application for design, the  
filing  date of the original patent application shall be deemed to be the filing date of the converted  
patent application.  
A request for the conversion shall not be made under any of the following circumstances:  
1. after a written decision allowing the original a pplication is served; or  
2. two (2) months from after the date on which a written decision rejecting the original application  
is served.  A converted patent application for design or derivative design shall not extend beyond the scope of  
content  disclosed in the description or drawing(s) of the original application as filed.  
 
Article 132 Conversion into design patent  
Where an application originally filed for invention or utility model patent is converted into a patent  
application for design, the  filing date of the original application shall be deemed to be the filing date  
of the converted patent application for design.  
A request for the conversion shall not be made under any of the following circumstances:  
1. after a written decision allowing th e original patent application is served;  
2. two (2) months after the date on which a written decision rejecting the original patent application  
for invention is served; or  
3. thirty (30) days after the date on which a written decision rejecting the origi nal patent application  
for utility model is served.  
A converted patent application shall not extend beyond the scope of content disclosed in the  
description, claims, or drawings of the original patent application as filed.  
 
Article 133 Foreign language do cuments  
The description and drawing(s) provided in a foreign language pursuant to Paragraph 3 of Article  
125 shall not be amended.  
The Chinese translation provided pursuant to Paragraph 3 of Article 125 shall not extend beyond the  
scope  of content disclosed in the original foreign language documents as filed.  
 
Article 134 Grounds for rejection decision  
When a patent application for design is in violation of any of the provisions set forth in Articles 121  
to 124, Article 126, Article 127 , Paragraphs 1 to 3 of Article 128, Paragraphs 1 and 2 of Article 129,  
Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraph 2 of Article 133, Paragraph 4 of  
Article 34 applicable mutatis mutandis under Paragraph 1 of Article 142, Paragraph 2  of Article 43  
applicable mutatis mutandis under Paragraph 1 of Article 142, and Paragraph 3 of Article 44  
applicable mutatis mutandis under Paragraph 1 of Article 142 of this Act, a decision of rejection  
shall be rendered.  
 
Article 135 Patent term of de sign patent  
The term of a design patent shall expire after a period of fifteen (15) years from the filing date of the  
application. A derivative design patent shall expire simultaneously with the original design patent.  
 
Article 136 Effects of design paten t right  
Unless otherwise provided in this Act, the patentee of a design patent has the exclusive right to  
prevent others from exploiting the design or similar design(s) without the patentee’s consent.  
The extent of the protection conferred by a design pat ent shall be determined by the drawing(s), and  
the description may be considered as a reference.  
 
Article 137 Claim of derivative design patent  The right of a derivative design patent may be claimed independently, and its effect shall be  
extended to the scope of similarity.  
 
Article 138 Disposal of derivative design patent  
A derivative design patent right shall be assigned, entrusted, inherited, licensed or pledged along  
with its original design patent.  
Where the original design patent right becomes exti nguished or is revoked finally and bindingly  
pursuant to Subparagraph 3 or 4, Paragraph 1 of Article 70 applicable mutatis mutandis under  
Paragraph 1 of Article 142, the two or more derivative design patents that are still in force shall not  
be separately assigned, entrusted, inherited, licensed, or pledged.  
 
Article 139 Post -grant amendment of design patent  
The patentee filing a request for amending the description or drawing(s) of a granted design patent  
shall only conduct  the following s: 
1. to correct errors or translation errors; or  
2. to clarify ambiguous statement.  
Except for correction of translation errors, a post -grant amendment shall not extend beyond the  
scope of content disclosed in the description or drawing(s) as filed.  
For a p atent application for design filed by providing the description and drawing(s) in a foreign  
language pursuant to Paragraph 3 of Article 125, correction of translation errors shall not extend  
beyond the scope of content disclosed in the original foreign l anguage documents as filed.  
A post -grant amendment shall not substantially enlarge or alter the scope of drawing(s) as  
published.  
 
Article 140 Restriction on abandoning design patent right  
A design patentee shall not abandon his/her design patent right wi thout consent from the licensee(s)  
or pledgee(s).  
 
Article 141 Grounds for invalidation  
Any person may request for an invalidation action against a design patent with the Specific Patent  
Agency under any of the following circumstances:  
1. where there is a violation of any of the provisions set forth in Articles 121 to 124, Article 126,  
Article 127, Paragraphs 1 to 3 of Article 128, Paragraph 3 of Article 131, Paragraph 3 of Article  
132, Paragraph 2 of Article 133, Paragraphs 2 to 4 of Article 139, Parag raph 4 of Article 34  
applicable mutatis mutandis under Paragraph 1 of Article 142, Paragraph 2  of Article 43  
applicable mutatis mutandis under Paragraph 1 of Article 142 and Paragraph 3 of Article 44  
applicable  mutatis mutandis under Paragraph 1 of Article 142;  
2. where the home country of the patentee does not accept patent applications filed by ROC  
nationals; or  
3. where there is a violation of Paragraph 1 of Article 12 or where the design patentee  is not th e 
  owner of the right to apply for a design patent.  
An invalidation action based on Subparagraph 3 of the preceding paragraph shall only be filed by  the interested party.  
With respect to the ground(s) of an invalidation action against a design patent, th e provisions in  
effect at the time of the said patent being approved shall govern. However, if an invalidation action  
is filed based on the ground(s) under Paragraph 3 of Article 131, Paragraph 3 of Article 132,  
Paragraphs 2 and 4 of Article 139, Paragra ph 4 of Article 34 applicable mutatis mutandis under  
Paragraph 1, Article 142, or Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph  
1, Article 142 of this Act, such invalidation action shall be governed by the provisions in effect at  
the time of filing the said action.  
 
Article 142 Provisions applied mutatis mutandis to design patent  
The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, Article 35, Article 36,  
Article 42, Paragraphs 1 to 3 of Article 43, Paragrap h 3 of Article 44, Article 45, Paragraph 2 of  
Article 46, Article 47, Article 48, Article 50, Paragraphs 1, 2 and 4 of Article 52, Paragraph 2 of  
Article 58, Article 59, Articles 62 to 65, Article 68, Article 70, Article 72, Paragraphs 1, 3 and 4 of  
Article 73, Articles 74 to 78, Paragraph 1 of Article 79, Articles 80 to 82, Articles 84 to 86, Articles  
92 to 98, and Articles 100 to 103 shall apply mutatis mutandis to design patent.  
In the case of a patent application for design, the time period specifie d in Paragraph 1 of Article 28  
shall be six (6) months.  
In the case of a patent application for design, the time period specified in Paragraphs 2 and 4 of  
Article 29 shall be ten (10) months.  
In the case of a patent application for design, the time period specified in Subparagraph 3,  
Paragraph 1 of Article 59 shall be six (6) months.  
 
Chapter 5 Supplementary Provisions  
Article 143 Preservation of patent files  
Patent files such as application documents, description, claim(s), abstract, drawing(s) deemed worth  
preserving by the Specific Patent Agency shall be permanently kept.  
Patent files not referred to in the preceding paragraph shall be kept for the duration  specified below  
1. invention patent files shall be  preserved for 20 years except for  the files of approved cases,  
  which shall be preserved for 30 years.  
2. utility model patent files shall be  preserved for 10 years except for  the files of approved c ases,  
which shall be preserved for 15 years.  
3. design patent files shall be  preserved for 15 years except for  the files of approved cases,  
which shall be preserved for 20 years.  
The duration of preservation referred to in the preceding paragraph shall  be calculated on the first  
day of the year following the decision is rendered on the patent application, the patent application  
has been withdrawn or deemed to have been withdrawn.  
With respect to patent files which are kept at the time of the implement ation of the April 16, 2019,  
amendment to this Act, the amended Patent Act shall apply.  
 
Article 144 Prescription of regulations governing awards for creations  
The competent authority may prescribe the regulations governing awards for the creations of  inventions, utility models, or designs.  
 
Article 145 Prescription of regulations governing submission of foreign language documents  
With respect to foreign language documents provided pursuant to Paragraph 3 of Article 25,  
Paragraph 3 of Article 106, and Paragraph 3 of Article 125, the competent authority shall prescribe  
regulations governing the types of foreign languages and other matters.  
 
Article 146 Prescription of regulations governing fees  
With respect to the application fee, patent certificate fee and annuity set forth in Article 92, Article  
92 applicable mutatis mutandis under Article 120, and Article 92 applicable mutatis mutandis under  
Paragraph 1 of Article 142, the competent authority shall prescribe regulations governing the  
methods of coll ection therefor.  
With respect to the reduction or exemption of patent annuities as set forth in Article 95, Article 95  
applicable mutatis mutandis under Article 120, and Article 95 applicable mutatis mutandis under  
Paragraph 1 of Article 142, the competent authority shall prescribe regulations governing the  
conditions, number of years, amount, and other matters therefor.  
 
Article 147 Transitional provisions: patent term extension  
A patent application filed before Ja nuary 23, 1994 shall not apply for patent term extension under  
Article 53.  
 
Article 148 Transitional provisions: patent term  
With respect to a patent that is published prior to the implementation of the January 21, 1994,  
amendment of this Act, the patent  term thereof shall be calculated in accordance with the Patent Act  
in effect prior to the 1994 amendment. However, for an invention patent that is still in force on the  
date when the WTO Agreement took effect in the territory of the ROC, the patent term thereof shall  
be governed by the amended Act.  
For a utility model patent that is published prior to the implementation of the January 3, 2003,  
amendment of this Act, the patent term thereof shall be governed by the Patent Act in effect prior to  
the amend ment.  
For a design patent that is still in force on the date when the WTO Agreement takes effect in the  
territory of the ROC, the patent term shall be governed by th e May 7, 1997, amendment of the  
Patent Act.  
 
Article 149 Transitional provisions: pending cases  
Unless otherwise provided for in the Act, for a patent application which is still pending at the time  
of the implementation of the November 29, 2011, amendment of this Act, the amended Patent Act  
shall govern.  
With respect to a request for post -grant amendment and invalidation action which is still pending at  
the time of the implementation of the November 29, 2011, amendment of this Act, the amended  
Patent Act shall govern.  
 Article 150 Transitional provisions: Priority claim based on earlier appli cation; division  
With respect to a patent application for invention or utility model which is filed prior to the  
implementation of the November 29, 2011, amendment of this Act with priority claim made  
pursuant to the former Article 29, if the prior paten t application has not been published or the  
decision of rejection has not become final and binding, Paragraph 1 of Article 30 shall apply.  
With respect to an examination decision regarding patent application for invention rendered prior to  
the implementa tion of the November 29, 2011, amendment to this Act, if the time period stated in  
Subparagraph 2, Paragraph 2 of Article 34 has not expired, Subparagraph 2, Paragraph 2 and  
Paragraph 6 of Article 34 shall apply.  
 
Article 151 Transitional provisions: gra ce period; design patent  
Subparagraph 2, Paragraph 3 of Article 22, Subparagraph 2, Paragraph 3 of Article 22 applicable  
mutatis mutandis under Article 120, Paragraph 1 of Article 121, which pertains to partial design of  
articles, Paragraph 2 of Article 121, Subparagraph 1, Paragraph 3 of Article 122, Article 127, and  
Paragraph 2 of Article 129 shall be applicable only to patent applications filed after the  
implementation of the November 29, 2011, amendment of this Act.  
 
Article 152 Transitional provisions: deposit of biological material  
In respect of a patent application for invention that violates the former Paragraph 2, Article 30 and  
the deposits therefor is deemed not to have been made before the implementation of the November  
29, 2011, amendment, if the application is still pending at the time of the implementation, Paragraph  
2 of Article 27 shall apply. For a patent application to which priority claim is made, if the time  
period of sixteen (16) month after the earliest priori ty date has not expired, Paragraph 3 of Article  
27 shall apply.  
 
Article 153 Transitional provisions: Priority claim under WTO membership, etc.  
In respect of a patent application that, prior to the implementation of the November 29, 2011,  
amendment of th is Act, violates the former Paragraph 1 of Article 28, Paragraph 1 of Article 28  
applicable mutatis mutandis under Article 108, or Paragraph 1 of Article 28 applicable mutatis  
mutandis under Paragraph 1 of Article 129 of this Act, and therefore cannot cl aim priority pursuant  
to the former Paragraph 3 of Article 28, Paragraph 3 of Article 28 applicable mutatis mutandis under  
Article 108, or Paragraph 3 of Article 28 applicable mutatis mutandis under Paragraph 1 of Article  
129 of this Act, in the event th at the patent application is still pending at the time of the  
implementation, if, with respect to a patent application for invention and utility model, the period of  
sixteen (16) months after the earliest priority date has not expired, and if, with respec t to a patent  
application for design, the period of ten (10) months after the earliest priority date has not expired,  
Paragraph 4 of Article 29, Paragraph 4 of Article 29 applicable mutatis mutandis under Article 120,  
and Paragraph 4 of Article 29 applic able mutatis mutandis under Paragraph 1 of Article 142 shall  
apply.  
In respect of a patent application that, prior to the implementation of the November 29, 2011,  
amendment of this Act, violates the former Paragraph 2 of Article 28, Paragraph 2 of Articl e 28  
applicable mutatis mutandis under Article 108, or Paragraph 2 of Article 28 applicable mutatis  mutandis under Paragraph 1 of Article 129 of this Act, and therefore cannot claim priority pursuant  
to the former Paragraph 3 of Article 28, Paragraph 3 o f Article 28 applicable mutatis mutandis under  
Article 108, or Paragraph 3 of Article 28 applicable mutatis mutandis under Paragraph 1 of Article  
129 of this Act, in the event that the patent application is still pending at the time of the  
implementation, if, with respect to a patent application for invention and utility model, the period of  
the sixteen (16) months period after the earliest priority date has not expired, and if, with respect to  
a patent application for design, the period of  ten (10) months after the earliest priority date has not  
expired, the provisions of Paragraph 2 of Article 29, Paragraph 2 of Article 29 applicable mutatis  
mutandis under Article 120, and Paragraph 2 of Article 29 applicable mutatis mutandis under  
Paragraph 1 of Article 142 shall apply.  
 
Article 154 Transitional provisions: request for patent term extension  
In respect of a request for invention patent term extension that is filed prior to the implementation of  
the November 29, 2011, amendment of this A ct, if the decision has not been issued for such a  
request and if the invention patent is still in force at the time of the implementation, the amended  
Act shall govern.  
 
Article 155 Transitional provisions: no revival of extinguished patent right  
If any of the following events exists at the time of the implementation of November 29, 2011,  
amendment of this Act, Paragraph 4 of Article 52, Paragraph 2 of Article 70, Paragraph 4 of Article  
52 applicable mutatis mutandis under Article 120, Paragraph 2 of Article 70 applicable mutatis  
mutandis under Article 120, Paragraph 4 of Article 52 applicable mutatis mutandis under Paragraph  
1 of Article 142, and Paragraph 2 of Article 70 applicable mut atis mutandis under Paragraph 1 of  
Article 142 shall not apply:  
1. where, at the time of the said implementation, the time period for payment of annuity has expired  
  and the patent concerned has become non -existent ab initio pursuant to the former Paragr aph 1 of  
Article 51, Paragraph 1 of Article 101, or Paragraph 1 of Article 113 of this Act; or  
2. where, at the time of the said implementation, a patent has become  extinguished pursuant to the  
former Subparagraph 3 of Article 66, Subparagraph 3 of Arti cle 66 applicable mutatis mutandis  
under Article 108, or Subparagraph 3 of Article 66 applicable mutatis mutandis under Paragraph 1  
, Article 129 of this Act.  
 
Article 156 Transitional provisions: pending patent application for design  
In respect of a patent application for design that is still pending at the time of the implementation of  
the November 29, 2011, amendment of this Act, the applicant may, within three (3) months after the  
implementation, file a request to convert it to a patent application for partial design.  
 
Article 157 Transitional provisions: pending patent application for associated design  
In respect of a patent application for associated design that is still pending at the time of the  
implementation of the November 2 9, 2011, amendment of this Act, the provisions of this Act prior  
to amendment with respect to associated design patent shall apply.  
In respect of a patent application for associated design that is still pending at the time of the  implementation of the No vember 29, 2011, amendment of this Act, if the patent application for  
associated design is filed prior to the publication of its original patent application for design, the  
applicant may file a request to convert it to a patent application for derivative design within three (3)  
months after the implementation of the amended Act.  
 
Article 157 -1 Transitional provisions: grace period  
Article 22, Article 59, Article 122 and Article 142 amended on December 30, 2016 shall be  
applicable only to patent applicatio ns filed after the implementation of the said amendment to this  
Act. 
 
Article157 -2 Transitional provisions: pending applications  
Unless otherwise provided for in the Act, for a patent application which is still pending at the time  
of the implementation of  the April 16, 2019, amendment to this Act, the amended Patent Act shall  
apply.  
With respect to a request for post -grant amendment and invalidation action which is still pending at  
the time of the implementation of the April 16, 2019, amendment to this A ct, the amended Patent  
Act shall apply.  
 
Article157 -3 Transitional provisions: Divisional application after rendering a decision of patent 
application  
With respect to an examination decision on patent application for invention or utility model  
rendered  prior to the implementation of the April 16, 2019, amendment to this Act, if the  
corresponding time period set forth in Subparagraph 2, Paragraph 2 of Article 34 or Subparagraph 2,  
Paragraph 2 of Article 107 has not expired, Subparagraph 2, the amended Patent Act shall apply.  
 
Article157 -4 Transitional provisions: patent term of design patent  
With respect to the term of a design paten, when the term of the patent has not expired prior to the  
implementation of the April 16, 2019, amendment to this Act, t he amended Patent Act shall apply.  
With respect to the term of a design patent, when the patent right has become extinguished pursuant  
to Subparagraph 3, Paragraph 1 of Article 70 applicable mutatis  mutandis under Paragraph 1 of  
Article 142 prior to the implementation of the April 16, 2019, amendment to this Act, and then has  
been reinstated through an application made according to Paragraph 2 of Article 70 applicable  
mutatis mutandis under Paragraph 1 of Article  142 after the i mplementation of the April 16, 2019,  
amendment to this Act, the amended Patent Act shall apply.  
 
Article 158 Prescription of Enforcement Rules  
The Enforcement Rules of this Act shall be prescribed by the competent authority.  
 
Article 159 Date of implementa tion 
The date on which this Act takes effect shall be decided by the Executive Yuan.  
The May 31, 2013 amendment of this Act is to be implemented on the date of its promulgation.