Enforcement Rules of the Patent Act  
1. Announced on September 26, 1947; entered into force on January 1, 1949  
2. Amended on August 16, 1958  
3. Amended on August 22, 1973  
4. Amended on October 2, 1981  
5. Amended on April 18, 1986  
6. Amended on July 10, 1987  
7. Amended on October 3, 1994  
8. Amended on November 6, 2002  
9. Amended on April 7, 2004; effective on July 1, 2004  
10. Amended on August 19, 2008  
11. Amended on November 16, 2010  
12. Amended on November 9, 2012; entered into force on January 1, 2013  
13. Amended on November 6, 2014; entered into force on November 8, 2014  
14. Amended on March 7, 2016; entered into force on March 9, 2016  
15. Amended on June 29, 2016; entered into force o n July 1, 2016  
16. Amended on April 19, 2017; entered into force on May 1, 2017  
17. Amended on  September 2 7, 201 9; entered into force on November 1, 201 9 
18. Amended on  June  24, 2020; entered into force on June 2 6, 2020  
  Chapter 1 General Provisions  
Article 1  
These Enforcement Rules are formulated pursuant to Article 158 of the Patent Act  
(hereinafter referred to as the Act).  
 
Article 2  
Any application to be filed pursuant to the Act and these Enforcement Rules shall,  
except that to be filed by elect ronic means pursuant to Article 19 of the Act, be in  
written form and shall be affixed with the signature or seal of the applicant, or the  
signature or seal of the patent agent appointed by the applicant. The Specific Patent  
Agency may, as it deems nece ssary, request the applicant to submit the document(s)  
proving the identity of the natural or juristic person.  
Any application to be filed in written form pursuant to the Act and these Enforcement  
Rules shall use the written forms designated by the Specif ic Patent Agency; the  
formats and number of copies thereof shall be prescribed by the Specific Patent  
Agency.  
 
Article 3  
Where the Chinese translation of technical terminology has been made by the  
National Academy for Educational Research, such official  translation shall prevail.  
However, in the absence of such official translation or as it deems necessary, the  
Specific Patent Agency may request the applicant to annotate the Chinese terminology  
with its original foreign version.  
The document(s) for filing a patent application o r other proceedings shall be in  
Chinese. In case any document(s) of proof is written in a foreign language, the  
Specific Patent Agency may, as it deems necessary, request the applicant to submit a  
full-text Chinese translation or a Chinese translation of an excerpt thereof.  
 
Article 4  
Any document(s) of proof submitted pursuant to the Act and these Enforcement Rules  
shall be the original or the certified copy thereof.  
Upon making preliminary showing that th e photocopy of the document(s) of proof is  
identical to the original or the certified copy, except for the certified priority  
document, the parties involved may submit the photocopy instead. However, where a  
photocopy of the documentary evidence is submi tted as evidence of invalidation, it  
shall be proved to be identical to the original or the certified copy thereof.  
When the original or the certified copy of the document(s) of proof has been verified  
by the Specific Patent Agency, it may be returned to  the applicant.  Article 5  
Where a person files a patent application or taking other proceedings in connection  
with patent matters in written form, the date of application and other proceedings shall  
be the date on which the Specific Patent Agency receive s the written document;  
however, where the delivery thereof is made via post, the date of application and other  
proceedings shall be the postmark date.  
The date of application and other proceedings whose postmark date appears to be  
ambiguous shall be th e date of receipt by the Specific Patent Agency, unless otherwise  
proved by the parties involved.  
 
Article 6  
With regard to the time period(s) specified by Specific Patent Agency pursuant to the  
Act and these Enforcement Rules, an applicant may, prior to the expiration thereof,  
make a request stating the reasons for the delay to the Specific Patent Agency for an  
extension.  
 
Article 7  
Where a request is made for recordation of the change to the name, seal,  
domicile/residence, or business establishment of  the applicant, the document(s) of  
proof shall accompany such request. This provision shall not apply where the change  
thereto needs not be proved by document(s).  
 
Article 8  
Where a change of entitled applicant is requested due to a transfer of the right to apply  
for patent, the request shall be submitted and accompanied by the following  
documents:  
1. in the event that the change of entitled applicant is due to an assignment, the deed  
of assignment of the right to apply for patent or document(s) of proo f of the  
assignment; where the assignment is made due to amalgamation or acquisition of  
companies, however, the document(s) of proof of the amalgamation or acquisition  
should be submitted;  
2. in the event that the change of entitled applicant is due to inheritance, the certificate  
of death and the instrument of succession.  
 
Article 9  
Where the applicant designates an agent, the document specifying the extent of power  
conferred upon the age nt and the address to receive service shall be submitted to the  
Specific Patent Agency.  Where agents for patent application and other proceedings are designated, the number  
of agents shall not exceed three (3).  
Where two or more agents are designated, eac h of them may act on behalf of the  
applicant severally.  
In the event that the designation violates the provision of the preceding paragraph, the  
agent still may act on behalf of the applicant severally.  
Where the power or agent is changed, unless a written notice is submitted to the  
Specific Patent Agency, such change has no effect to the Specific Patent Agency.  
Any change to the agent’s address shall be reported to the Specific Patent Agency.  
 
Article 1 0 
The agent may take any action within the extent of power conferred upon. However,  
actions of designating or discharging an agent, withdrawing a patent application,  
withdrawing a divisional patent application, withdrawing a converted patent  
application , withdrawing a request for reexamination, withdrawing a request for  
post-grant amendment, withdrawing an invalidation action, or abandoning a patent  
right shall not be taken without being specially empowered.  
 
Article 11  
Where the application documents d o not conform to statutory requirements but such  
nonconformance may be remedied, the Specific Patent Agency shall notify the  
applicant to complete the requirements within a specified time limit; where the  
requirements are not completed within the specif ied time limit or are still incomplete,  
the application shall be processed pursuant to Paragraph 1, Article 17 of the Act.  
 
Article 12  
When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request  
form shall be submitted to the Sp ecific Patent Agency stating the reasons for the delay  
and the date of extinguishment of such delay, and accompanied by the document(s) of  
proof.  
 
Chapter 2 Application and Examination of Invention Patent  
 
Article 13  
Where the priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1,  
Article 30 of the Act, the so -called “prior to the filing of the patent application” in  
Article 22 of the Act, and the so -called “earlier -filed” in Article 23 of the Act sha ll  
mean prior to the priority date.  The so -called “printed publication” in Article 22 of the Act shall mean documents or  
other storage media carrying information that is open to the public.  
The period of twelve (12) months in Paragraph 3, Article 22 of t he Act is calculated  
from the day following the occurrence of the facts prescribed under the same  
paragraph to the filing date prescribed under Paragraph 2, Article 25 of the Act.  
Where there are more than one of the facts prescribed under Paragraph 3, A rticle 22 of  
the Act, the above -mentioned period shall be calculated from the day following the  
occurrence of the first of these facts.  
 
Article 14  
The so -called “a person ordinarily skilled in the art” in Article 22, Article 26, and  
Article 27 of the Act shall mean a person having general knowledge and ordinary skill  
in the art of the invention at the time of filing.  
In the preceding paragraph, the time of filing shall mean the priority date where  
priority is claimed pursuant to Par agraph 1, Article 28 or Paragraph 1, Article 30 of  
the Act.  
 
Article 15  
Where a person has obtained the right to apply for patent due to inheritance,  
assignment, employment or capital contribution, with respect to the disclosure of the  
invention made by the predecessor, assignor, employee or appointee prior to the filing,  
the provisions of Paragraphs 3 and 4, Article 22 of the Act shall apply.  
 
Article 16  
When filing a patent application for invention, the application form shall specify the  
following  items:  
1. title of invention;  
2. name and nationality of the inventor;  
3. name, nationality, and domicile/residence or business establishment of the  
  applicant;  name of the representative, if any ; and  
4. name and business establishment of the agent, if an agent is designated.  
Under any of the following circumstances, a statement shall be made at the time of  
filing:  
1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed;  
2. where the priority prescribed under Paragraph 1, Ar ticle 30 of the Act is claimed;  
 and 
3. where the declaration is made in respect of a patent application for invention and a  
patent application for utility model filed for the same creation on the same date as  prescribed under Paragraph 1, Article 32 of the Act.  
 
Article 17  
When filing a patent application for invention, the description shall contain the 
following items:  
1. title of invention;  
2. technical field;  
3. prior art: indicate the prior art known to the applicant, where relevant materials 
reflect  such art may be submitted;  
4. summary of invention: disclose the problem(s) that the invention aims to solve and 
its technical solution adopted to solve the problem(s); and state any advantageous 
effects of the invention with reference to the prior art;  
5. brief description of drawing(s): where the description is accompanied by 
drawing(s), description of the drawing(s) shall be made concisely according to the 
drawing sequence;  
6. description of embodiments: describe at least one way of carrying out the in vention, 
use examples where appropriate, and refer to the drawing(s), if any; and  
7. reference signs list: where the description is accompanied by drawing(s), major 
reference signs of the drawing(s) shall be listed and illustrated according to the 
drawing  sequence or reference signs sequence.  
The description shall be presented in the manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be preceded by a 
heading; unless, owing to the nature of the invention,  a different presentation would 
result in a better understanding.  
The paragraphs of the description may be arranged with four consecut ive Arabic 
numbers in separate square brackets so that each of the paragraphs can be clearly 
identified.  
The title of invention should concisely state the contents of the claimed inventions; 
irrelevant wording is not allowed.  
When a patent application for invention involves a biological material or utilization of 
a biological material, where the biological material concer ned has been deposited, the 
description shall specify the depository, date of deposit and deposit number. In the 
event that, prior to filing the patent application, the biological material concerned has 
been deposited in a foreign depository recognized by the Specific Patent Agency, the 
description shall also specify the foreign depository, date of deposit, and deposit 
number.  
Where a patent application for invention contains disclosure of one or more 
nucleotides and/or amino acids sequence, a sequence list ing produced in compliance with the standard provided by the Specific Patent Agency shall be submitted as a 
separate part of the description. In addition, the said sequence listing may be 
submitted in the electronic version thereof in compliance with the r equirement of the 
Specific Patent Agency.  
 
Article 18  
The claim(s) of an invention may be presented in more than one independent claim;  
the number of claim(s) shall be consistent with the disclosure of the invention; when  
necessary, the claim(s) may cont ain more than one dependent claim. The independent  
claim(s) and the dependent claim(s) shall be consecutively arranged in Arabic  
numerical sequence according to their dependent relations.  
An independent claim shall state the designation of the subject ma tter as claimed and  
the essential technical features of the invention that the applicant regards as his/her  
invention.  
A dependent claim shall state the Arabic number(s) of the claim(s) on which it  
depends, the designation of the subject matter and the technical features other than  
those in the claim(s) on which it depends; whenever an interpretation of a dependent  
claim is made, it shall contain all the technical features of the claim(s) on which the  
dependent claim depends.  
A dependent claim depending on two or more claims shall be referred to as a multiple  
dependent claim and shall be presented in alternative.  
A dependent claim may only depend on the preceding dependent or independent  
claim(s). However, direct or indirect dependence is not allowed among multiple  
dependent claims.  
An independent or a dependent claim shall be written in a single sentence.  
 
Article 19  
Unless absolutely necessary, the technical features of all the claim(s) may not be  
defined by referring to t he page number(s) or line number(s) of the description,  
drawing(s) or reference sign (s) in the drawing(s).  
The technical features of the claim(s) may refer to the corresponding reference sign(s)  
in the drawing(s), and the reference sign(s) shall follow the corresponding technical  
features and be placed in parentheses; the reference sign(s) may not serve to limit the  
interpretation of the claim(s).  
The claim(s) may contain the chemical or mathemati cal formulae but not drawing(s).  
A technical feature in a claim for an invention which consists of a combination of  
multiple technical features may be expressed in means -plus-function or  
step-plus-function language. Such claim shall be interpreted to cov er the  corresponding structure, material, or acts described in the description and equivalents  
thereof.  
 
Article 20  
Where an independent claim of an invention is presented in two -part form, the  
preamble portion shall contain the designation of the subje ct matter as claimed and  
those essential technical features that the subject matter as claimed and the prior art  
are in common; the characterizing portion shall state the essential technical features of  
the invention which distinguish the subject matter as claimed from the prior art in  
such phase as “characterized in that,” “wherein the improvement comprises,” or in  
similar expressions.  
The technical features of the characterizing portion shall be in combination with those  
of the preamble portion in in terpreting such independent claim.  
 
Article 21  
An abstract shall concisely state the disclosure of the invention, and be limited to the  
technical problem(s) it intends to solve, the technical solution adopted to solve the  
problem(s), and the principal us e of the invention; in principle, the text of abstract is  
not to exceed 250 words; for an invention involving chemical formula, its abstract  
shall disclose the formula that can best characterize the inventive feature(s).  
An abstract may not contain any commercial advertisement wording.  
For an abstract failing to comply with the preceding two paragraphs, the Specific 
Patent Agency may notify the applicant to make an amendment within a specified  
time limit, or notify the applicant of the amendment being m ade ex officio.  
The applicant shall designate a representative drawing that can best characterize the  
technical feature(s) of the invention and list the primary reference sign(s) in the  
representative drawing accompanied by brief description(s).  
In case of failure to designate a representative drawing or inappropriate designation of  
a representative drawing, the Specific Patent Agency may notify the applicant to  
complete the requirements within a specified time limit, or notify the applicant of the  
designation or deletion being made ex officio.  
 
Article 22  
In a patent application for invention, the technical terminology and the reference  
sign(s) used in the description, claim(s), and abstract shall be consistent.  
The description, claim(s), and abstract  referred to in the preceding paragraph should  
be typed or printed.  
Where the description, claim(s), and abstract are filed in a foreign language, the  submitted Chinese translation thereof shall be precise and complete.  
 
Article 23  
In a patent application for invention, the drawing(s) shall be made clearly with ink  
lines based on the engineering drawing method; when scaled down to two -thirds, all  
the details disclosed in each drawing shall still be clearly distinguished.  
The drawin g(s) shall be annotated with drawing designation(s) and reference sign(s),  
arranged according to the drawing sequence, and shall not specify descriptive words,  
unless otherwise indispensable.  
 
Article 24  
In the event that parts of the description or the drawing(s) are missing from the patent  
application for invention, the filing date shall be the date on which the missing parts  
of the description or the drawing(s) are filed. However, the filing date shal l be the date  
on which the application was first filed under any of the following conditions:  
1. where the application claims priority of an earlier application, and the missing parts  
of the description or the drawing(s) are completely contained in the e arlier application  
; or 
2. where the applicant withdraws the earlier filed missing parts of the description or  
the drawing(s) within thirty days after being served with a notification confirming the  
filing date by the Specific Patent Agency.  
Where the de scription or drawing(s) referred to in the preceding paragraph is  
submitted in a foreign language, the above provisions shall apply.  
 
Article 25  
The period of twelve (12) months prescribed under Paragraph 1, Article 28 of the Act  
is calculated from the d ay following the filing date of first patent application in a  
country which reciprocally recognizes ROC -based priority claims or a member of the  
World Trade Organization (WTO) to the filing date prescribed under Paragraph 2,  
Article 25 of the Act.  
The pe riod of twelve (12) months prescribed under Subparagraph 1, Paragraph 1,  
Article 30 of the Act is calculated from the day following the filing date of the earlier  
patent application to the filing date prescribed under Paragraph 2, Article 25 of the  
Act. 
 
Article 26  
The priority document to be submitted pursuant to Paragraph 2, Article 29 of the Act  
shall be the certified copy.  In the event that the priority document submitted by the applicant within the time  
limit  prescribed under Paragraph 2, Article 29 of the Act is a photocopy, the Specific  
Patent Agency shall notify the applicant to submit the certified copy thereof within  
specified time limit; where such submission is not made within the specified time  
limit  or the submission is still incomplete, the priority claim is deemed not to have  
been claimed pursuant to Paragraph 3, Article 29 of the Act. However, in the event  
that the certified priority document has already been submitted to the Specific Patent  
Agency, a photocopy specifying the number of the patent application to which the  
certified priority document appends may be submitted as a substitute.  
In the event that the priority document referred to in Paragraph 1 has been exchanged  
between the Specific  Patent Agency and the receiving patent authority of the country  
or the WTO member by means of electronic communication, the priority document is  
deemed to have been submitted by the applicant.  
The certified copy referred to in Paragraph 1 may be replace d with the electronic  
version thereof in compliance with the requirement of the Specific Patent Agency; an  
explanation that this electronic version is identical to the certified copy shall be made.  
 
Article 26 -1 
Where the priority is claimed pursuant to Paragraph 1, Article 30 of the Act, in the  
event the certificate fee and the first -year annuity with respect to the earlier patent  
application is paid pursuant to the Act, either at the same time, prior to or aft er the  
claiming of priority, the Specific Patent Agency shall notify the applicant to withdraw  
within the specified time period either the priority claim of the subsequent patent  
application or the request for patent certificate of the earlier patent app lication. If a  
withdrawal has not been made within the specified time period, the earlier patent  
application shall not be published and the Specific Patent Agency shall notify the  
applicant that the certificate fee and the first -year annuity may be refu nded by request.  
 
Article 26 -2 
The so -called “on the same date” prescribed under Paragraph 1, Article 32 of the Act  
shall mean a patent application for invention and a patent application for utility model  
having  been filed in accordance with, respectively, Paragraph 2, Article 25 and  
Paragraph 2, Article 106 of the Act, and having the same filing date. In the event that  
the priority claims are made, the priority dates shall also be the same.  
The situation where the applicant has not made respective declarations as prescribed  
under Paragraph 1, Article 32 of the Act includes the applicant not having made any  
declaration for both the patent application for invention and the patent application for  
utility model, or the applicant not having made any declaration for either of the two  applications.  
In the event that the utility model patent becomes extinguished or is revoked finally  
and bindingly after the approval of the patent application for invention but prior to the  
publication of that invention patent, the invention patent shall not be published.  
 
Article 27  
The so -called “linked as to form a single general inventive concept” in Paragraph 2,  
Article 33 of the Act shall mean that two or more inventions are te chnically related to  
one another.  
The inventions that are technically related to one another referred to in the preceding  
paragraph shall contain one or more same or corresponding special technical features.  
The so -called “special technical features” ref erred to in the preceding paragraph shall  
mean the technical features which define a contribution which each of the claimed  
inventions, considered as a whole, makes over the prior art.  
The determination of whether two or more inventions are technically r elated to one  
another shall be made without regard to whether the inventions are claimed in  
separate claims or as alternatives within a single claim.  
 
Article 28  
When requesting for division of a patent application for invention, a request form  
shall  be submitted for each divisional patent application, accompanied by the  
following documents:  
1.description, claim(s), abstract, and drawing(s); and  
2.where the patent application for invention involves a biological material or  
utilization  of a biological material, the certificate of deposit thereof.  
Under any of the following circumstances, a statement shall be made at the time of  
filing the request form for each divisional patent application:  
1. where the priority prescribed under Paragr aph 1, Article 28 of the Act is claimed; or  
2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed.  
The divisional patent application shall not differ from the original patent application  
in its type.  
 
Article 29     
(delete)  
 
Article 30  
Where a patent application is filed pursuant to Article 35 of the Act, an application  
form shall be submitted and accompanied by the document(s) of proof showing that  the invalidation decision revoking the patent has become final and binding.  
Article 31  
Whenever a patent application for invention is laid open by the Specific Patent  
Agency, the following items shall be laid open to the public:  
1. application number;  
2. laying open number;  
3. laying open date;  
4. international patent classifica tion; 
5. filing date;  
6. title of invention;  
7. name(s) of the inventor(s);  
8. name and domicile/residence or business establishment of the applicant;  
9. name of the agent, if an agent is designated;  
10. abstract;  
11. the  drawing that can best characterize the technical features of the invention, and  
description(s) of the reference sign(s) in the drawing accompanied;  
12. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,  
the reciprocal cou ntry or the WTO member receiving the respective first patent  
application(s), application number(s) and filing date(s) thereof;  
13. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,  
the respective application number(s) and filing date(s) thereof; and  
14. status for whether a request for substantive examination has been applied.  
 
Article 32  
When requesting for a substantive examination of a patent application for invention, a  
request form shall be submitted, specifying the f ollowing items:  
1. application number;  
2. title of invention;  
3. name, nationality, and domicile/residence or business establishment of the applicant  
for substantive examination; the name of the representative, if any;  
4. name and business establishment o f the agent, if an agent is designated; and  
5. identification of whether the requester for the substantial examination is the patent  
applicant.  
 
Article 33  
When requesting for prioritized examination of a patent application for invention, a  
request  form shall be submitted, specifying the following items:  
1. application number and laying open number;  2. title of invention;  
3. name, nationality, and domicile/residence or business establishment of the applicant  
for prioritized examination; the name of the representative, if any;  
4. name and business establishment of the agent, if an agent is designated;  
5. identification of whether the requester for prioritized examination is the patent  
applicant; and  
6. a statement with respect to the status of commer cial exploitation of the patent  
application for invention; where there is an agreement, the history of reaching the  
agreement.  
Where a request for prioritized examination of the patent application for invention has  
been  made but a request for substantive examination thereof has yet to be filed, a  
request for substantive examination as prescribed in the preceding article shall also be  
made.  
The relevant document(s) of proof to be submitted pursuant to Paragraph 2, Artic le 40  
of the Act shall include: advertising catalogues, other written materials reflecting the  
facts of commercial exploitation, or the written notice prescribed under Paragraph 1,  
Article 41 of the Act.  
 
Article 34  
Where the Specific Patent Agency noti fies the applicant to appear for an interview, to  
perform experiment, to supplement model(s ) or sample(s), or to amend the  description  
, claim(s), or drawing(s), in case of failure to act within the specified time limit, or to  
conduct any act pursuant to  the contents of the notification, the Specific Patent  
Agency may continue the examination based on the materials available.  
 
Article 35  
In case of obvious error(s) found in the description, claim(s), or text(s) or reference  
sign(s)  in the drawing(s), the Specific Patent Agency may correct the error(s) ex  
officio and notify the applicant of the correction(s) being made.  
 
Article 36  
When requesting for amending the description, claim(s), or drawing(s) of a patent  
application for inv ention, a request form shall be submitted and accompanied by the  
following documents:  
1.the amended sheet(s) of the description or claim(s) on which the portions of the  
amendment are marked; the original disclosure to be deleted shall be presented by a  
strike line crossing out the deleted text(s); the added disclosure shall be presented by  
underlining the added text(s). However, deleting claim(s) may be presented by  annotation of descriptive text(s).  
2.the replacement sheet(s) of description, claim(s),  or drawing(s) after the  
amendment without marks; in case the page sequence, claim sequence, or drawing  
sequence of the description, claim(s), or drawing(s) are not continuous due to the  
amendment, a complete set of description, claim(s), or drawing(s) after the  
amendment shall be submitted.  
The request form referred to in the preceding paragraph shall specify the following  
items:  
1.where an amendment is made to the description, the page number(s), paragraph  
number(s), and line number(s) thereof and reasons for the amendment;  
2.where an amendment is made to the claim(s), the number(s) thereof and reasons for 
the amendment;  
3.where an amendment is made to the drawing(s), the designation(s) thereof and  
reasons for the amendment.  
Where an amendment is m ade to the claim(s), if parts of the claims are deleted,  
number(s) of the remaining claim(s) should be rearranged with Arabic numeral(s)  
according to the claim sequence; where an amendment is made to the drawing(s), if  
parts  of the drawings are deleted, the drawing designation(s) of the remaining  
drawing(s) should be rearranged according to the drawing sequence.  
In the event that the Specific Patent Agency has issued a final notice to the patent  
application for invention, t he amendment reasons set forth in Subparagraph 2,  
Paragraph 2 of this Rule shall state the respective grounds prescribed under Paragraph  
4, Article 43 of the Act.  
 
Article 37  
When requesting for correcting the description, claim(s), or drawing(s) due to  
translation errors, a request form shall be submitted and accompanied by the  
following documents:  
1.the corrected sheet(s) of the description or claim(s) on which the portions of the  
correction are marked; the original disclosure to be deleted shall be p resented by a  
strike line crossing out the deleted text(s); the added disclosure shall be presented by  
underlining the added text(s); and  
2.the replacement sheet(s) of description, claim(s), or drawing(s) after correction  
without marks.  
The request form  referred to in the preceding paragraph shall specify the following  
items:  
1.where a correction is made to the description, the page number(s), paragraph  
number(s), and line number(s) thereof, reasons for correction, and the page number(s)  , paragraph number(s), and line number(s) of the corresponding description in the  
application in foreign language;  
2.where a correction is made to the claim(s), the number(s) thereof, reasons for the  
correction, and the claim number(s) of the correspondi ng claim(s) in the application in  
foreign language;  
3.where a correction is made to the drawing(s), the designation(s) thereof, reasons   
for the amendment, and the designation(s) of the corresponding drawing(s) in the  
application in foreign language.  
 
Article 38  
In case a correction of translation error(s) and an amendment are simultaneously made  
to the description, claim(s), or drawing(s) of the patent application for invention, the  
request for correction and the request for amendment may be submitte d separately, or  
a request for correction specifying both the correction and amendment may be  
submitted.  
In case a correction of translation error(s) and a post -grant amendment are  
simultaneously made to the description, claim(s), or drawing(s) of the i nvention  
patent, the above provision shall apply.  
 
Article 39  
Prior to examination decision  being rendered  , any person considering that the 
claimed inventions shall not be granted may submit  observations to the Specific 
Patent Agency, along with reasons and document (s) of proof.  
 
Chapter 3 Application and Examination of Utility Model Patent  
 
Article 40  
In the event that parts of the description or drawing(s) are missing from the patent  
application for utility model, the filing date shall be the date on w hich the missing  
parts of the description or the drawing(s) are filed. However, the filing date shall be  
the date on which the application was first filed under any of the following conditions:  
1.where the applicant claims priority of an earlier applicat ion, and the missing parts  
of the description or the drawing(s) are comp letely contained in the earlier  application  
; or 
2.where the applicant withdraws the earlier filed missing parts of the description or  
parts  of the drawing(s) within thirty (30) days after being served with a notification  
confirming the filing date by the Specific Patent Agency.  
Where the description or drawing(s) referred to in the preceding paragraph are  submitted in a foreign language, th e above provisions shall apply.  
 
Article 41  
The period of twelve (12) months prescribed under Paragraph 1 of Article 28  
applicable mutatis mutandis under Article 120 of the Act is calculated from the day  
following the filing date of the first patent appli cation in a country which reciprocally  
recognizes ROC -based priority claims or a member of the WTO to the filing date  
prescribed under Paragraph 2, Article 106 of the Act.  
The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1 of  
Article 30 applicable mutatis mutandis under Article 120 of the Act is calculated from  
the day following the filing date of the earlier patent application to the filing date  
prescribed under Paragraph 2, Article 106 of the Act.  
 
Article 42  
When requestin g for a technical evaluation report of utility model patent pursuant to  
Paragraph 1, Article 115 of the Act, a request form shall be submitted specifying the  
following items:  
1. application number;  
2. title of utility model;  
3. name, nationality, and dom icile/residence or business establishment of the applicant  
for the technical evaluation report of utilit y model patent; the name of the   
representative, if any;  
4. name and business establishment of the agent, if an agent is designated; and  
5. identificat ion of whether the requester is the patentee.  
 
Article 43  
The relevant document(s) of proof to be submitted pursuant to Paragraph 5, Article  
115 of the Act shall include: a written notice issued by the patentee to a party not  
entitled  to exploit the patent for commercial purpose, advertising catalogues, or other  
written materials reflecting the facts of commercial exploitation.  
 
Article 44  
The technical evaluation report of utility model pat ent shall specify the following  
items:  
1. cer tificate number of the utility model patent;  
2. application number;  
3. filing date;  
4. priority date;  5. the date that a request for rendering a technical evaluation report is made;  
6. title of utility model;  
7. name and domicile/residence or business esta blishment of the patentee;  
8. name of the requester for the technical evaluation report of utility model patent;  
9. name of the agent, if an agent is designated;  
10. name of the patent examiner;  
11. international patent classification;  
12. range of prior a rt documents; and  
13. comparative conclusions  
 
Article 45  
Rules 13 to 23, Rules 26 to 28, Rule 30, and Rules 34 to 38 shall apply mutatis  
mutandis to utility model patent.  
 
Chapter 4 Application and Examination of Design Patent  
Article 46  
Where the priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable  
mutatis mutandis under Paragraph 1, Article 142 of the Act, the so -called “prior to the  
filing of the patent application” in Article 122 of the Act and the so -called  
“earlier -filed” in Article 123 of the Act shall mean prior to the priority date.  
The so -called “printed publication” in Article 122 of the Act shall mean documents or  
other storage media carrying information that is open to the public.  
The period of six ( 6) months in Paragraph 3, Article 122 of the Act is calculated from  
the day following the occurrence of the facts prescribed under the same paragraph to  
the filing date prescribed under Paragraph 2, Article 125 of the Act. Where there are  
more than one of the facts prescribed under Paragraph 3, Article 122 of the Act, the  
above -mentioned period shall be calculated from the day following the occurrence of  
the first of these facts.  
 
Article 47  
The so -called “a person ordinarily skilled in the art” in Art icle 122 and Article 126 of  
the Act shall mean a person having general knowledge and ordinary skills in the art of  
the design at the time of filing.  
In the preceding paragraph, the time of filing shall mean the priority date where  
priority is claimed pu rsuant to Paragraph 1, Article 28 of the Act applicable mutatis  
mutandis under Paragraph 1, Article 142 of the Act.  
 
Article 48  Where a person has obtained the right to apply for patent due to inheritance,  
assignment, employment or capital contribution, with respect to the disclosure of the  
design made by the predecessor, assignor, employee or appointee prior to the filing,  
the provisions of Paragraphs 3 and 4, Article 122 of the Act shall apply.  
 
Article 49  
When filing a patent application for design, the application form shall specify the  
following items:  
1. title of design;  
2. name and nationality of the designer; and  
3. name, nationality, and domicile/residence or business establishment of the applicant  
; the name of the representative, if any; and  
4. name and business establishment of the agent, if an agent is designated;  
Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis  
mutandis under Paragraph 1, Article 142 of the Act is c laimed, a statement thereof  
shall be made at the time of filing.  
When filing a patent application for derivative design, the application number of the  
original patent application for design shall be specified in the request form, in addition  
to the items  stated in the preceding two paragraphs.  
 
Article 50  
When filing a patent application for design, the description shall contain the following  
items:  
1. title of design;  
2. purpose of article; and  
3. description of design.  
The description shall be presente d in the manner and order specified in each  
subparagraph of the preceding paragraph, and each of the parts shall be preceded by a  
heading. However, the items stated in Subparagraph 2 or 3 of the preceding paragraph  
may be omitted where such items are cle arly reflected by the title of design or the  
drawing(s).  
 
Article 51  
The title of design shall clearly designate the article to which the design applied;  
irrelevant wording is not allowed.  
The purpose of article serves to facilitate description of usage, function, and the like  
of the article to which the design applied.  
The description of design serves to facilitate description of shape, patterns, colors, or  any combination thereof. The fo llowing circumstances shall be stated, if any:  
1.the disclosed content of the drawing(s) contains parts which do not form part of  the 
claimed design;  
2.for computer icons and graphic user interfaces applied to an article and whose  
appearance(s) may change , the change sequence; or  
3.the omission of the drawing(s) due to identicalness of drawing(s), symmetry of  
drawing(s), or any other causes.  
A concise statement may be made in the description of design when necessary under  
any of the following circumstanc es: 
1.where the appearance of design changes because of the characteristics of different  
materials used, adjustment of function, or change in state of use;  
2. where there is auxiliary drawing(s) or reference drawing(s); or  
3. in a patent application for design claiming a set of articles, the title of each article  
constituting the set.  
 
Article 52  
The terminology used in the title of design, purpose of article, and description of  
design in the description shall be consistent.  
The description referred to in the preceding paragraph should be typed or printed.  
Where foreign language document(s) is submitted pursuant to the Paragraph 3, Article  
125 of the Act, the description shall contain the precise and complete translation.  
 
Article 53  
In a patent application for design, the drawing(s) shall contain sufficient views so as  
to fully disclose the appearance of the claimed design; where the design is  
three -dimensional, the drawing(s) shall contain a perspective view; where the design  
is applied to a boundless plane in form, the drawing(s) shall contain an element view.  
The views stated in the preceding paragraph may include a perspective view, a front  
view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan  
view, an element view, or other auxiliary views.  
The drawing(s) shall be made clear with ink lines, computer drafting, or photographs  
based on engineering drawing method; when scaled down to two -thirds, all the details  
disclosed in each dra wing shall still be clearly distinguished.  
Where colors are claimed, the drawing(s) stated in the preceding paragraph shall  
present the colors.  
The parts in the drawing(s) which the design intends to claim and not to claim shall be  
presented in a manner by which the different parts can be clearly distinguished.  
A drawing annotated as reference shall not be the scope of a design patent, but shall  be used to describe an article to be ap plied or an environment of use.  
 
Article 54  
In a patent application for  design, each drawing shall be annotated with a title, and a  
perspective view or a drawing that can best characterize the design shall be designated  
as the representative drawing.  
In case of failure to designate a representative drawing or inappropriate designation of  
a representative drawing, the Specific Patent Agency may notify the applicant to  
complete the requirements within a specified time limit, or notify the applicant of  
designation being made ex officio.  
 
Article 55  
In the event that parts of the description or parts of the drawing(s) are missing from  
the patent application for design, the filing date shall be the date on which the missing  
parts  of the description or the drawing(s) are filed. However, the filing date shall be  
the date on which the application was first filed under any of the following conditions:  
1.where the applicant claims priority of an earlier application, and the missing pa rts 
of description or parts of the drawing(s) are completely contained in the earlier  
application; or  
2.where the applicant withdraws the earlier filed missing parts of the description or  
parts of the drawing(s) within thirty (30) days after being served with a notification  
confirming the filing date by the Specific Patent Agency.  
Where the description or drawing(s) referred to in the preceding paragraph are  
submitted in a foreign language, the above provisions shall apply.  
 
Article 56  
The period of six (6) months prescribed under Paragraph 2, Article 142 of the Act is  
calculated from the day following the filing date of the first patent application in a  
country which reciprocally recognizes ROC -based priority claims or a member of the  
WTO to the filing  date prescribed under Paragraph 2, Article 125 of the Act.  
 
Article 57  
The so -called “same class” prescribed under Paragraph 2, Article 129 of the Act shall  
mean articles categorized under the same Class in the International Classification for  
Industria l Designs.  
 
Article 58  
When requesting division of a patent application for design, a request form for each  divisional patent application shall be submitted and accompanied by description and  
drawing(s).  
Where the priority prescribed under Paragraph 1, A rticle 28 applicable mutatis  
mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof  
shall be made at the time of filing the request form for each divisional patent  
application.  
The divisional patent application shall not differ from the original patent application  
in its type.  
 
Article 59  
When requesting for amending the description or drawing(s) of a patent application  
for design, a request form shall be submitted and accompan ied by the following  
documents:  
1.the amended sheet(s) of the description on whic h the portions of the amendment  
are marked; the original disclosure to be deleted shall be presented by a strike line  
crossing out the deleted text(s); the added disclosure shall be presented by  
underlining the added text(s); and  
2.the complete set of replacement description or drawing(s) after the amendment  
without marks.  
The request form referred to in the preceding paragraph shall specify the following  
items:  
1.where  an amendment is made to the description, the page number(s) and line  
number(s) thereof and reasons for the amendment;  
2.where an amendment is made to the drawing(s), the title(s) thereof and reasons for  
the amendment.  
 
Article 60  
When requesting for cor recting the description or drawing(s) due to translation errors,  
a request form shall be submitted and accompanied by the following documents:  
1.the corrected sheet(s) of the description on which the portions of the correction are  
marked ; the original disclosure to be deleted shall be presented by a strike line  
crossing out the deleted text(s); the added disclosure shall be presented by  
underlining the added text(s); and  
2.the complete set of replacement description or drawing(s) after correction without  
marks.  
The request form referred to in the preceding paragraph shall specify the following  
items:  
1.where a correction is made to the description, the page number(s) and line  number(s) thereof, reasons for correction, and the page num ber(s) and line  
number(s) of the corresponding description in foreign language;  
2.where a correction is made to the drawing(s), the title(s) thereof, reasons for the  
correction, and the title(s) of the corresponding drawing(s) in the application in  
forei gn language.  
 
Article 61  
Rules 26, 30, 34, 35 and 38 shall apply mutatis mutandis to design patent.  
The provisions in this Chapter are applicable to derivative design patent.  
 
Chapter 5 Patent Rights  
Article 62  
Where priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article  
30 of the Act, the so -called “prior to the filing of application” in Subparagraph 3,  
Paragraph 1, Article 59 and Paragraph 1, Article 99 of the Act shall mean prior to the 
priority date.  
 
Article 63  
When requesting for recordation of patent right assignment, a request form shall be  
submitted by the assignor or the assignee and accompanied by deed of assignment or  
document(s) of proof with respect to the assignment.  
When requesting for recordation of patent right succession due to amalgamation or  
acquisition of companies, the documents to be submitted in the preceding paragraph  
are document(s) of proof with respect to the amalgamation or acquisition.  
 
Article 64  
In requesting for recordation of patent right entrustment, a request form shall be  
submitted by the patentee or the trustee and accompanied by the following  
documents:  
1.for recordation of trust, the deed of trust or document(s) of proof with respect to  
such entrustment agreement;  
2.for deletion of trust recordation upon termination of the trust relation and the  
acquisition of the patent right by the settlor, the deed of trust or document(s) of  
proof with respect to such termination of the trust relation;  
3.for recordation of attribution of trusted patent right upon termination of the trust  
relation and the acquisition of patent right by a third party, the deed of trust or  
document(s) of proof with respect to such trust attribution;  
4.for alteration of o ther matters in the recordation of trust, document(s) of proof   with respect to such alteration  
. 
Article 65  
In requesting for recordation of licensing of patent right, a request form shall be  
submitted by the patentee or the licensee and accompanied by t he following  
documents:  
1.for recordation of licensing, the license agreement or document(s) of proof with  
respect to such licensing;  
2.for alteration of the recordation of licensing, document(s) of proof with respect to  
such alteration;  
3.for deletion of licensing recordation, a letter consenting deletion of the licensing  
recordation issued by the licensee, a judgment of the court along with a certificate  
stating the judgment is final and binding, or documents which legally have the  
equivale nt effect as a final and binding judgment of the court. However, where the  
license is terminated due to expiration of the licensed term, the above documents  
need not be submitted.  
The license agreement or document(s) of proof referred to in Subparagraph 1 of the  
preceding paragraph shall specify the following items:  
1. title or certificate number of the invention, utility model, or design patent; and  
2. type, scope, locality and term of license.  
Where the patentee licenses others to exploit part of the c laims, the scope referred to  
in Subparagraph 2 of the preceding paragraph shall specify the number(s) of the  
licensed claim(s).  
The expiration date of the licensed term referred to in Subparagraph 2 of Paragraph 2  
shall not be later than the expiration d ate of the patent term.  
 
Article 66  
In requesting for recordation of sub -licensing of patent right, a request shall be  
submitted by the licensee or the sub -licensee and accompanied by the following  
documents:  
1.for recordation of sub -licensing, the sub -license contract or document(s) of proof  
with respect to such sub -licensing;  
2.for alteration of the recordation of sub -licensing, document(s) of proof with  
respect to such alteration;  
3.for deletion of sub -licensing recordation, a letter consenting deletion of the  
sub-licensing recordation issued by the sub -licensee, a judgment of the court along  
with a certificate stating the judgment is final and binding, or documents which  
legally have  the equivalent effect as a final and binding judgment of the court.  However, where the sub -license is terminated due to expiration of the licensed  
term or sub -licensed term, the above documents need not be submitted.  
Paragraph 2 of the preceding Rule sha ll apply mutatis mutandis to the items to be  
specified in the sub -license contract or the document(s) of proof thereof referred to in  
Subparagraph 1 of the preceding paragraph.  
The sub -licensed scope is limited to the original licensed scope.  
 
Article 67  
In requesting for recordation of pledge establishment of a patent right, a request form  
shall be submitted by the patentee or the pledgee and accompanied by the patent  
certificate and the following documents:  
1.for recordation of pledge establishment, th e pledge agreement or document(s) of  
proof with respect to such establishment;  
2.for alteration of the recordation of pledge establishment, document(s) of proof  
with respect to such alteration;  
3.for deletion of pledge establishment recorda tion, document(s ) of proof with  respect 
to the full discharge of pledged liabilities, a letter consenting deletion of pledge  
establishment recordation issued by the pledgee, a judgment of the court  
along  with a certificate stating the judgment is final and binding, or documents  
which legally have the equivalent effect as a final and binding judgment of the  
court.  
The agreement or document(s) of proof referred to in Subparagraph 1 of the preceding  
paragraph shall specify the following items:  
1. title or certificate number of the invention, utility model or design patent; and  
2. amount of credit pledged and the term of the pledge establishment.  
The expiration date of the term of the pledge establishm ent referred in Subparagraph  
2 of the preceding paragraph shall not be later than the expiration date of the patent  
term.  
Upon recordation under the first paragraph with the Specific Patent Agency, the  
relevant items shall be annotated to the patent cer tificate and the Patent Registry.  
 
Article 68  
Where, pursuant to the laws, consent from a third party is required for recordation  
referred to in the preceding five (5) rules, document(s) of proof with respect to such  
consent from the third party shall al so be submitted.  
 
Article 69  
In requesting for recordation of succession of patent right, a request form shall be  submitted and accompanied by the certificate of death and the instrument of  
succession.  
 
Article 70  
When requesting for amending the post -grant description, claim(s), or drawing(s) of a  
patent pursuant to Article 67 of the Act, a request form shall be submitted and  
accompanied by the following documents:  
1.the replacement sheet(s) of the description and drawing(s) after the post -grant  
amendm ent without marks;  
2.where a post -grant amendment is made to the claim(s), a complete set of the claims;  
3.where consent from the licensee, pledgee, or all joint owners is required pursuant  to 
Article 69 of the Act, document(s) of proof with respect to suc h consent.  
The request form referred to in the preceding paragraph shall specify the following  
items:  
1.where a post -grant amendment is made to the description, the page number(s),  
paragraph  number(s), line number(s) thereof, the contents amended, and reasons for  
the post -grant amendment;  
2.where a post -grant amendment is made to the clai m(s), the claim(s) thereof, the  
contents amended, and reasons for the post -grant amendment;  
3.where a post -grant amendment is made to the drawing(s), the designation(s) thereof  
and reasons for the post -grant amendment.  
The contents amended shall specify the contents before and after the post -grant  
amendment; the original disclosure to be deleted shall be pre sented by a strike line  
crossing out the deleted text(s); the added disclosure shall be presented by underlining  
the added text(s).  
The reasons for post -grant amendment referred to in Paragraph 2 shall specify the  
applied provision(s) of Paragraph 1, Art icle 67 of the Act.  
Where a post -grant amendment is made to the claim(s), if parts of the claims are  
deleted, the claim sequence of the remaining claim(s) shall not be changed; where a  
post-grant amendment is made to the drawing(s), if parts of the drawin g(s) are  
deleted, the drawing designation(s) of remaining drawing(s) shall not be changed.  
When requesting for a post -grant amendment during invalidation proceedings, the  
patentee shall specify the number of invalidation action in the request form.  
 
Artic le 71  
Where an invalidation action is initiated after the patent has become extinguished ipso  
facto pursuant to Article 72 of the Act, the document(s) evidencing recoverable legal  
interests as a result of revocation of the patent right shall be submitted .  
Article 72  
Where an invalidation action is initiated, for an invention or a utility model, the  
invalidation statement prescribed under Paragraph 1, Article 73 of the Act shall state  
the objective to revoke all or parts of the claims; where an invalidation action is  
initiated against parts of the claims, the claim(s) against which the invalidation action  
is initiated shall be specifically identified; for a design, the invalidation state ment  
shall state the objective to revoke the patent right of the design.  
The reasons of invalidation prescribed under Paragraph 1, Article 73 of the Act shall  
state the ground(s) asserted by the invalidation action and specific facts, as well as  
explain  the relationship between the respective specific facts and the evidence.  
 
Article 73  
The invalidation proceedings and decisions concerned shall be conducted within the  
scope of the invalidation statement.  
The syllabus of the invalidation decision shall s pecify the examination results; for an  
invention or a utility model, such results shall be rendered on a claim -by-claim basis.  
 
Article 74  
When an invalidation action and a request for post -grant amendment are to be  
consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the  
post-grant amendment shall be first examined; if the post -grant amendment is rejected  
after examination, the Specific Patent Agency shall notify the patentee to make a  
response  within a specified time limit; in case of failure to respond within the  
specified time limit or the post -grant amendment shall still be rejected despite the  
response, the Specific Patent Agency may proceed with the examination based on the  
materials ava ilable.  
When an invalidation action and a request for post -grant amendment are to be  
consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the  
syllabus of the invalidation decision shall specify the examination results for the  
post-grant amendment and the invalidation action separately. However, where the  
post-grant amendment is rejected after examination, such rejection shall only be stated  
in the reasons of invalidation decision.  
 
Article 75  
When more than one invalidation actions are to be consolidated for examination  
pursuant to Paragraph 1, Article 78 of the Act, the Specific Patent Agency shall notify  
the respective invalidation requesters and the patentee of the reasons and evidence on  which the respective invalidation actions rely.  
The invalidation requesters and the patentee may each submit their comments or a  
response with respect to the reasons and evidence on which the respective invalidation  
actions rely within a time limit specif ied by the Specific Patent Agency.  
 
Article 76  
During the examination of an invalidation action, the Specific Patent Agency may,  
when necessary, consult with the invalidation requester and the patentee to formulate  
an examination plan.  
 
Article 77  
When re questing for a compulsory license, a request form specifying the reasons for  
the request thereof shall be submitted and accompanied by a detailed project for  
exploitation and relevant document(s) of proof.  
When requesting for repeal of a compulsory licen se, a request form specifying the  
ground(s) for the repeal thereof shall be submitted and accompanied by the  
document(s) of proof.  
 
Article 78  
Where, pursuant to Paragraph 2, Article 88 of the Act, the exploitation under  
compulsory licensing shall be au thorized predominantly for the supply of the  
domestic market, the Specific Patent Agency shall, in the decision approving  
compulsory licensing, specify that the following items be disclosed by the licensee in  
an appropriate manner:  
1. information  on the exploitation of the compulsory license; and  
2. the quantity and flow of products manufactured.  
 
Article 79  
Marking of a patent certificate number prescribed under Article 98 of the Act shall not  
be made after the patent is extinguished or its revo cation becomes final and binding,  
unless a patent certificate number has been marked on the patented article and the  
patented article has been circulated into the market before the patent is extinguished  
or its revocation becomes final and binding.  
 
Article 80  
Where a patent certificate is destroyed, lost or damaged to the extent that it is no  
longer usable, the patentee shall apply for issuance of a replacement or a substitution,  
stating the reasons in writing.   
Article 81  
When requesting for a post -grant amendment to the description or drawing(s)  
pursuant to Article 139 of the Act, a request form shall be submitted and accompanied  
by a complete set of description or drawing(s) after the post -grant amendment without  
marks . 
The request form referred to in the preceding paragraph shall specify the following  
items:  
1.where a post -grant amendment is made to the description, the page number(s), line  
number(s) thereof, the contents amended and reasons for the post -grant amendme nt; 
2.where a post -grant amendment is made to the drawing(s), the title(s) thereof and  
reasons for the post -grant amendment.  
The contents amended shall specify the contents before and after the post -grant  
amendment; the original disclosure to be deleted shall be presented by a strike line  
crossing out the deleted text(s); the added disclosure shall be presented by underlining  
the added text(s).  
The reasons for post -grant amendment referred to in Paragraph 2 shall specify the  
applied provision(s) of Para graph 1, Article 139 of the Act.  
When requesting for a post -grant amendment during invalidation proceedings, the  
patentee shall specify the number of invalidation action in the request form.  
 
Article 82  
The Patent Registry shall specify the following info rmation:  
1. title of invention, utility model or design;  
2. patent term;  
3. name, nationality, and domicile/residence or business establishment of the patentee;  
4. name and business establishment of the agent, if an agent is designated;  
5. filing date and application number;  
6. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,  
the reciprocal country or the WTO member receiving the respective first patent  
application(s), application number(s) and filing date(s) thereof;  
7. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,  
the respective application number(s) and filing date(s) thereof;  
8. publication date and patent certificate number;  
9. name of the assignee or successor, and the date of rec ordation of patent assignment  
or inheritance;  
10. name of the settlor or trustee, and the date of recordation of entrustment, deletion,  
or attribution of trust;  11. name of the licensee and date of recordation of license;  
12. name of the pledgee and date  of recordation of pledge establishment, alteration, or  
deletion of pledge;  
13. name, nationality, and domicile/residence or business establishment of the  
compulsory licensee, and the date of approval or repeal of a compulsory license;  
14. cause(s)  and date of issuance of replacement of patent certificate;  
15. extension or prolongation of patent term and the date of approval;  
16. cause(s) and date of the extinguishment or revocation of a patent; for an invention  
or a utility model patent, where par ts of the claims are deleted or revoked, the  
number(s) of such parts of claims shall be specified;  
17. name of the depository, date of deposit, and depository number; and  
18. any other matters with respect to the patent or prescribed by laws.  
 
Article 83  
Whenever a patent is published by the Specific Patent Agency, the following items  
shall be listed in the Patent Gazette:  
1. patent certificate number;  
2. publication date;  
3. laying open number and laying open date for an invention patent;  
4. international  patent classification or the international classification for industrial  
designs;  
5. filing date;  
6. application number;  
7. title of invention, utility model or design;  
8. name(s) of the inventor(s) of the invention, the creator(s) of the utility model or  the 
designer(s) of the design;  
9. name and domicile/residence or business establishment of the applicant;  
10. name of the agent, if an agent is designated;  
11. claim(s) and drawing(s) of the invention patent or the utility model patent;  
drawing(s) of the  design patent;  
12. brief description of drawing(s) or description of design;  
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed,  
the reciprocal country or the WTO member receiving the respective first patent  
application(s), application number(s) and filing date(s) thereof;  
14. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed,  
the respective application number(s) and filing date(s) thereof; and  
15. for an invention involving a biological material or utilization of a biological  
material, name of the depository, the deposit date and the deposit number; and  16. the declaration that a patent application for invention in respect of the same  
creation is filed by the same person on th e same date.  
 
Article 84  
Whenever a request for a post -grant amendment is approved by the Specific Patent  
Agency, the following items shall be published in the Patent Gazette:  
1. patent certificate number;  
2. publication date of the patent;  
3. application  number;  
4. title of invention, utility model or design;  
5. name of the patentee; and  
6. amended contents.  
 
Article 85  
Whenever an invalidation decision is rendered by the Specific Patent Agency, the  
following items shall be published in the Patent Gazett e: 
1. number of invalidation action;  
2. title of invention, utility model or design;  
3. name and domicile/residence or business establishment of the patentee;  
4. name of the invalidation requester;  
5. name of the agent, if an agent is designated;  
6. date  of filing of the invalidation action;  
7. syllabus of the decision; and  
8. reasons of the decision.  
 
Article 86  
Where the applicant has a need to postpone the publication of a patent, he or she may  
apply to the Specific Patent Agency for the postponement thereof at the time of  
paying the patent certificate fee and the first year patent annuity fee. The requested  
term of postponement shall not exceed a period of six (6) months.  
 
Chapter 6 Supplementary Provisions  
Article 87  
Where the Specific Patent Agency  notifies the applicant to retrieve the model(s),  
sample(s) or documentary evidence submitted pursuant to the Act within a specified  
time limit but the applicant fails to retrieve such items within the specified time limit,  
the Specific Patent Agency may dispose of these items at its discretion.  
 Article 88  
For any application filed pursuant to the Act and these Enforcement Rules, the form,  
description, claim(s), abstract and drawing(s) thereof shall conform to the designated  
written format after the imp lementation of this amended Act.  
Under any of the following circumstances, the description, drawing(s), and  
description of drawing(s), other than the request form, shall conform to the designated  
written format prior to the implementation of this amended Act: 
1.a patent application for invention or utility mode l filed within three (3) months  after 
implementation of this amended Act;  
2.for an application filed in a foreign language prior to implementation of this  
amended Act, the description, claim(s), dra wing(s) or description of drawing(s)  
submitted within six (6) months after implementation of this amended Act; or  
3.for an application filed prior to implementation of this amended Act or pursuant to  
Subparagraph 1, when applying for an amendment or a post-grant amendment after  
implementation of this amended Act, the amended description, claim(s),  drawing(s) or  
description of drawing(s).  
 
Article 89  
For a patent application for design filed pursuant to Paragraph 2, Article 121 or  
Paragraph 2, Article 1 29 of the Act, if the priority date thereof predates the  
implementation date of the amended Act, the implementation date of the amended Act  
shall be regarded as the priority date.  
 
Article 89 -1 
The patent files such as application documents, description,  claim(s), abstract,  
drawing(s), and illustration(s) deemed worth preserving by the Specific Patent  
Agency as set forth in Paragraph 1, Article 143 of the Act shall refer to these of the  
following patent cases ： 
1.the invention patent is  requested for  c ompulsory licensing.  
2.the patents filed by an ROC national who is a Nobel laureate.  
3.the patent has been awarded the National Invention and Creation Award.  
4.the patent is filed for an invalidation action and the decision thereof is filed for  
administra tive remedy actions.  
5.the patent is filed for an opposition and the decision thereof is filed for  
administrative remedy actions.  
6.the other patents are deemed by Specific Patent Agency to facilitate technological  
development  of historical significance, economic value, or to have been involved in a  
major patent litigation case.   
Article 90  
These Enforcement Rules shall enter into force on January 1, 2013.  
The amendment of these Enforcement Rules, except that the April 19, 2017  
amendment shall be effective on May 1, 2017 and the September 27, 2019  
amendment shall be effective on November 1, 2019, shall enter into force following  
its promulgation date.