Patent Attorney Act  
 
Promulgated on July 11, 2007; effective as of January 11, 2008  
Amen dment prom ulgated on May 27, 2009;  effective on November 23, 2009  
Amendment  promulgated on July 1  2015;  effective on January 1  2016 
 
Chapter One: General Principles  
  
Article 1    This Act is enacted for protecting the rights and interests of patent 
applicants, strengthening the management of patent professional services, and 
establishing the patent attorney system.  
  
Article 2    The government authority under this Act is the Ministry of Economic 
Affairs (MOEA).  
The administrative affairs of patent attorneys shall be handled by the Authority 
appointed by the MOEA.  
  
Article 3    A citizen the Republic of China , who has successfully passed the 
Patent Attorney Eligibility  Examination and obtained a Patent Attorney License in 
accordance with this Act, may practice as a patent attorney.  
A non -citizen may take the Patent Attorney Eligibility Examination in accordance with 
the laws of the Republic of China; a non -citizen who s uccessfully passes the Patent 
Attorney Eligibility Examination and obtains a Patent Attorney License in accordance 
with this Act may practice as a patent attorney.  
  
Article 4    Any person who, for having any of the following circumstances, shall 
not practice as a patent attorney; where he/she is in practice, his/her Patent 
Attorney License shall be revoked or abolished ： 
1. Having been convicted of a crime as a result  of engaging in professional services 
and sentenced to a term of imprisonment of one year or more by a local court or a 
foreign court. Exceptions to this provision are where one has been released on 
"probation," or one's conviction(s) involved a "non -inten tional" crime.  
2. Having been expulsed for a cause prescribed in this Act;  
3. Having been revoked of the examination qualification according to the provisions 
of Professionals and Technologists Examination Act.  
4. Having been declared a guardianship or ass istantship which is still in effect.  
5. Having been declared bankrupt, with resolution still pending.  
6. Having been certified by a medical doctor commissioned by the Competent Authority to be suffering from a mental disability or other physical or mental 
impairment that prevents him/her from engaging in professional services.  
On whose Patent Attorney License was revoked or abolished due to the provisions 
prescribed in subparagraphs 4 through 6 is entitled to apply for a Patent Attorney 
License whenever the  conditions concerned ceases to exist.  
  
Article 5    One who has successfully passed the Patent Attorney Eligibility 
Examination and completed a prevocational training, may file an application with the 
Competent  Authority together with the certification fee and the following 
documents for the issuance of a Patent Attorney License:  
1. An application form;  
2. Certificate of passing the Patent Attorney Eligibility Examination or documents 
evidencing such qualification;  
3. Document(s) evidencing one's ident ification; and  
4. Certificate of completing a prevocational training.  
A patent attorney, who applies for replacing or re -issuing a patent attorney license 
due to loss, destruction, or damage of the license, shall file an application with the 
Competent Auth ority together with the certification fee and the documents 
prescribed in subparagraphs 1 and 3 of the preceding paragraph.  
The training duration, implementation, withdrawal, termination, re -training and 
other relevant matters of the prevocational training  prescribed in paragraph 1 shall 
be established by the Competent Authority.  
  
Chapter Two: Practice And Responsibility  
  
Article 6    A patent attorney shall begin practice only after joining the Patent 
Attorneys Association.  
  
Article 7    A patent attorney shall practice in one of the following ways:  
1. Set up a patent firm.  
2. Employed by a firm engaging in patent profess ional services.  
3. Employed by a judicial association or a judicial person established or registered 
according to the law.  
A patent attorney employed by a juridical person prescribed in subparagraph 3 of the 
preceding paragraph shall serve as a full -time a ttorney and shall not engage in any 
practices prescribed in the subparagraphs of Article 9 for other juridical persons 
other than the employer.  
  Article 8    The Specific Patent Agency shall establish a database of patent 
attorneys containing the following particulars:  
1. Name, gender, date of birth, address and identification card number;  
2. Summary of educational background and professional exper ience(s);  
3. Business practice location and address ;  
4. Serial number of the Patent Attorney License;  
5. Date of enrollment to the Patent Attorneys Association;  
6. Category, date, and reasons of disciplinary actions or punishment received.  
The Patent Atto rneys Association shall provide the data of patent attorneys 
prescribed in the preceding paragraph to the Specific Patent Agency for establishing a 
database of patent attorneys.  
The patent attorney concerned shall report to the Specific Patent Agency withi n 30 
days from the date of occurrence of any changes to the particulars prescribed in 
subparagraphs 1 and 3 of paragraph 1 for record.  
The Specific Patent Agency may disclose the data of the particulars prescribed in 
paragraph 1 apart from the data concern ing the date of birth, address, and 
identification card number specified in subparagraph 1 in an appropriate manner for 
public interests..  
  
Article 9    The scope of the commissioned practices of a patent attorney is as 
follows:  
1. Matters involving patent filing;  
2. Matters involving patent invalidation;  
3. Matters involving register of assignment, trust, pledge, licensing and compulsory 
licensing of patent right;  
4. Matters involving administrative appeals or litigations of patents;  
5. Matters involving patent infringement assessment;  
6. Matters involving patent consultation; and  
7. Other patent operations prescribed in accordance with the P atent Act and other 
relevant laws and regulations.  
  
Article 10    A patent attorney is prohibited from accepting representation in the 
following situations:  
1. Instances where he/she or another patent attorney in his/her firm has previously 
accepted representation of the same matter from a respondent party to his/her or 
their client;  
2. Instances where a matter had been previously handled while employed at an 
administrative institution or the court; and  3. Instances where a related matter had been previously assigned by an 
administrative institution or the c ourt.  
  
Article 11    A patent attorney, after accepting representation, shall loyally engage 
in services as designated; a patent attorney shall be liable for damages and 
compensation to a client for losses incurred due to lack of due diligence or 
negligence.  
  
Article 12    Patent attorney shall not engage in the following conducts:  
1. Deceiving or beguiling acts toward the Specific Patent Agency  or his/her client;  
2. Soliciting business engagement by improper means;  
3. Disclosing or appropriating the content of c ases of his/her client;  
4. Posting or publishing notices amounting to fraud or threat in his/her name or the 
name of another; and  
5. Allowing others to practice as a patent attorney under his/her name.  
 
Article 12 -1   A patent attorney shall continuously p articipate in on -the-job training 
and provides documents proving that such on -the-job training is completed to the 
Specific Patent Agency every 2 years.  
Regulations governing the training implementation methods, required minimum 
hours, fees , procedures f or handling rules infractions, and other related matters 
prescribed in the preceding paragraph shall be stipulated by the Competent 
Authority after consulting the Patent Attorneys Association.   
Article 13    Anyone without a Patent Attorney License is not to use the title of 
patent attorney.  
  
Article 14    A non -citizen who obtains a Patent Attorney License in accordance 
with this Act is subject to approval by the Component Authority before engaging in 
patent attorney professional services in the Republic of China, and shall abide by all 
laws a nd regulations of the Republic of China as well as the statute of incorporation 
of the Patent Attorneys Association.  
  
Article 15    A non -citizen who practices as a patent attorney in the Republic of 
China shall pres ent all statements to the Competent Authority in the official language 
of the Republic of China; the documents as presented shall mainly be in the official 
language of the Republic of China.  
  
Chapter Three: Professional Association    
Article 16    When th e number of patent attorneys registered with the Specific 
Patent Agency  reaches 15, the patent attorneys so registered shall establish the 
Patent Attorneys Association.  
The Patent Attorneys Association may not reject membership to qualified patent 
attorney s. 
  
Article 17    The Patent Attorneys Association must be established within the 
administrative geographical jurisdiction of the Republic of China and where the 
central government is located.  
Only one Patent Attorneys Association may be established.  
  
Article 18    The Patent Attorneys Association shall elect directors and supervisors 
by the General Assembly and set up a Board of Directors and a Board of Supervisors.  
There should not be more than 35 directory board members; the number of the 
supervisory b oard members shall not exceed one -third of the number of the 
directory board members; the numbers of substitute directory board members and 
supervisory board members shall not exceed one -third of the numbers of directory 
board member or supervisory board m embers.  
  
Article 19    The directory board members and supervisory board members shall 
hold office for a term of three years, the number of re -elected board members shall 
not exceed one -half of the total board members; the President of the board of 
directors shall only be eligible for re -election once.  
  
Article 20    The General Assembly of the Patent Attorneys Association shall 
convene once a year; a provisional general assembly may be convened when 
necessary. A provisional general assembly shall be convened upon passage of a 
motion by more than one -fifth of its members.  
  
Article 21    The Patent Attorneys Association shall stipulate its statute of 
incorporation, which is to be submitted to and approved by the authority in charge of 
civil organizations, and forwar ded to the Competent Authority for record. The same 
procedure s apply when the statute of incorporation is amended.  
  
Article 22    The statute of incorporation of the Patent Attorneys Association shall 
contain the following matters:  
1. Name and place of As sociation;  2. Objectives, organization and duties;  
3. Rules for enrollment and withdrawal of membership;  
4. Rights and obligations of the members;  
5. Numbers of directory board members, supervisory board members, substitute 
directory and supervisory board members, their respective terms of service, 
authorities and duties, and their election and removal thereof;  
6. Rules of order for the General Assembly, and for the meetings of Boards of 
Directors and Supervisors;  
7. Professional ethics abided by all member s; 
8. Organization of a Patent Attorney's Professional Conduct Committee and means 
for maintaining discipline;  
9. Membership fees, budget and accounting;  
10. Procedures for amending the statute of incorporation; and  
11. Other matters required by other laws  and regulations or necessary for the 
functioning of the Association.  
  
Article 23    The Patent Attorneys Association shall report the following to the 
authority in charge of civil organizations and the Competent Authority:  
1. Enrollment of membership, including admission of new members and withdrawal 
of members;  
2. Results o f directory and supervisory board elections, including names of elected 
members; and  
3. Motions and resolutions reached at the General Assembly, and meetings of Boards 
of Directors and Supervisors.  
  
Article 24    Where the resolutions or acts by the Paten t Attorneys Association are 
in violation of the laws and regulations or its statute of incorporation, the authority 
in charge of civil organizations may impose any of the following sanctions:  
1. A warning;  
2. Forcible recantation of the resolution at issue ; 
3. Revocation of the seats of directors or supervisors; and  
4. An order to re -arrange within a prescribed time.  
The Competent Authority may also impose the sanctions prescribed in 
subparagraphs 1 and 2 of the preceding Paragraph.  
  
Chapter Four: Discipli nary Actions  
  
Article 25    A patent attorney with  any of the following situations shall be subject to disciplinary action(s):  
1. Violation of Articles 7,10 or 12;  
2. Conviction of a crime in connection with business practices; and  
3. Serious violation o f the statute of incorporation of the Patent Attorneys 
Association.  
The enforcement of disciplines pursuant to the provisions of the preceding paragraph 
expires following the lapse of three years.  
The period specified in the preceding paragraph shall comme nce from the day the 
situation prescribed in paragraph 1 is complete, except where the consequence of 
such an act occurs at a later day, in which case the period shall commence from the 
day on which the consequence occurs.  
Where a disciplinary action is an nulled upon a decision out of an administrative 
appeal, administrative litigation or other remedial proceedings, thus making it 
necessary to render an alternative decision, the period specified in paragraph 2 
above shall commence from the date on which the  annulment of the original 
disciplinary action is withdrawn.  
The period of limitation of disciplinary enforcement is interrupted if it cannot 
commence or if the disciplinary action cannot be executed because of natural 
calamity  or accident or by operation of law.  
Where the period of limitation of disciplinary enforcement is interrupted in 
pursuance of the preceding paragraph, the time that begins following the day on 
which the cause for such interruption ceases shall be added to the period which had 
elapse d prior to such interruption.  
 
Article 26    Shall a disciplinary action be imposed on a patent attorney, the 
clients, parties of interest, Specific Patent Agency  or Patent Attorneys Association 
may report all related facts and present supporting evidence of such violation to the 
Patent  Attorney Disciplinary Committee.  
  
Article 27    Disciplinary action imposed on a patent attorney may be any one of 
the following:  
1. A warning;  
2. A reprimand;  
3. Suspension of the right to practice for a period not less than two months but no 
more than two years; and  
4. Expulsion.  
Disciplinary action in the form of a warning accumulated to three times shall be 
regarded as one reprimand; disciplinary action in the form of a reprimand accumulated to three times shall further be subject to the disciplinary action in 
suspension of the right to practice; disciplinary action in the form of suspension of 
the right to practice accumulated to three years shall be subject to expulsion.  
  
Article 28    The Patent Attorney Disciplinary Committee shall, in the proceeding 
of a disciplinary action, notify the patent attorney whom such action is to be 
imposed, and direct him/her to present a response or to personally state his/her case 
before th e Committee within twenty days; in case of failure to present a response or 
personally state his case before the Committee within the prescribed period, the 
Committee may therewith adopt a resolution based on the materials presently 
available.  
  
Article 29     The Patent Attorney Disciplinary Committee shall accordingly transfer 
the matter to the judicial institution for investigation if it suspects, in the proceeding 
of the disciplinary action, that a criminal offense is involved.  
  
Article 30    The Patent  Attorney Disciplinary Committee shall publish its 
resolution in the Patent Gazettes and inform the Patent Attorneys Association when a 
disciplinary sanction imposed on a patent attorney has become final.  
  
Article 31    The Competent Authority shall estab lish the Patent Attorney 
Disciplinary Committee to handle matters in connection with disciplinary actions 
imposed on patent attorneys. The organization, the rules of procedure and other 
rules to be observed are to be prescribed by the Competent Authority.  
  
Article 32    Any person without a Patent Attorney License or with the Patent 
Attorney License  revoked or repealed accepts representation or hires a patent 
attorney to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for 
the purpo se of making a profit, unless where such practices are in accordance with 
the laws shall be sentenced to imprisonment for no more than 3 years or short -term 
imprisonment; in lieu thereof, or in addition thereto, a fine of no less than four 
hundred thousand  yuan but no more than two million yuan may be imposed.  
Any person without a Patent Attorney License or with the Patent Attorney License 
revoked or repealed posts an advertisement or solicits businesses to engage in the 
practices prescribed in subparagraph s 1 to 4 of Article 9, and fails to cooperate after 
being ordered to cease the conduct within a specified time period or repeats the 
conduct after the period shall be imposed a fine of no less than one hundred 
thousand yuan but no more than five hundred yu an and ordered to cease the conduct again within another specified time period by the Specific Patent Agency. If 
such person fails to cooperate after being ordered to cease the conduct or repeats 
the conduct after the lapse of the period again, he/she shal l be sentenced to 
imprisonment for no more than 1 year or short -term imprisonment; in lieu thereof, 
or in addition thereto, a fine of no less than one hundred thousand yuan but no more 
than five hundred yuan may be imposed.  
 
Article 3 2-1   A patent attorne y who provides his/her Patent Attor ney License and 
seal or the logo of his/her patent firm to any person without a Patent Attorney 
License to engage in the practices prescribed in Article 9 shall be sentenced to 
imprisonment for no more than 2 years or short -term imprisonment; in lieu there of, 
or in addition thereto, a fine of no less than two hundred thousand yuan but no more 
than one million yuan may be imposed.  
 
Article 33    A patent attorney who accepts representation to engage in the 
practices prescribed in subparagraphs 1 to 4 of Arti cle 9, without joining the Patent 
Attorneys Association or being suspended to practice, is subject to a fine of no less 
than sixty thousand yuan but no more than three hundred thousand yuan, and an 
order to correct or stop his/her acts within a prescribed period; one who fails to 
correct or stop his/her acts within the prescribed period is subject to repeated orders 
to correct or stop his/her acts and sanctions for each time until his/her acts are 
corrected or stopped. Any person  who violates Article 13 by  using the title as a 
patent attorney without Patent Attorney License shall be imposed a fine of no less 
than thirty thousand yuan but no more than one hundred fifty thousand yuan and 
ordered to cease the conduct within a specified time period. by the Spec ific Patent 
Agency. One who fails to correct or stop his/her acts within the prescribed period is 
subject to repeated orders to correct or stop his/her acts and sanctions for each time 
until his/her acts are corrected or stopped.  
The preceding paragraph s hall apply as well to where any person uses the title as a 
patent attorney after his/her Patent Attorney License is revoked or repealed.  
 
Article 3 3-1   A patent attorney who does not proceed the on -the-job training in 
accordance with Paragraph 1 of Articl e 12 -1 shall be notified to correct that within 6 
months by the Specific Patent Agency. One who fails to complete the correction after 
the lapse of the time period shall be imposed a fine of no less than sixty thousand 
yuan but no more than three hundred t housand yuan by the Specific Patent Agency.  
  
Article 34    Where the Patent Attorneys Association is in violation of Paragraph 2, Article 16, said Association is subject to a fine not less than NT$10,000 but no more 
than NT$50,000 by the authority in char ge of civil organizations.  
  
Chapter Five: Supplementary Provisions  
  
Article 35    (deleted)  
  
Article 36    Any person who obtained a patent agent license prior to the effective 
date of this Act may continue engaging in the practices prescribed in Articl e 9 after 
the effective date of this Act.  
Paragraph 2 of Article 5, Articles 7, 8 and 11 shall apply mutatis mutandis to patent 
agents.  
  
Article 37    Persons who, under any of the following situations, shall not practice 
as a patent agent; where he/she h as been practicing as a patent agent, his/her Patent 
Agent License shall be revoked:  
1. Having been convicted of a crime as a result of engaging in professional services 
and sentenced to a term of imprisonment of one year or more. Exceptions to this 
provis ion are where one has been released on "probation," and one's conviction(s) 
involved a "non -intentional" crime;  
2. Having been declared a guardianship or assistantship which is still in effect;  
3. Having been declared bankrupt, with resolution still pendin g; 
4. Having been certified by a medical doctor commissioned by the Competent 
Authority to be suffering from a mental disability or other physical or mental 
impairment that prevents him/her from engaging in professional services; and  
5. Having been revoked  or abolished of the qualification for obtaining the Patent 
Agent License according to the law.  
 
Article 3 7-1   Any person without a Patent Agent License or with the Patent Agent 
License revoked or repealed but accepts representation or hires a patent atto rney to 
engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for the 
purpose of making a profit, unless where such practices are in accordance with the 
laws shall be sentenced to imprisonment for no more than 3 years or short -term 
impris onment; in lieu thereof, or in addition thereto, a fine of no less than four 
hundred thousand yuan but no more than two million yuan may be imposed.  
Any person without a Patent Agent License or with the Patent Agent License revoked 
or repealed posts an adv ertisement or solicits businesses to engage in the practices 
prescribed in subparagraphs 1 to 4 of Article 9 and fails to cooperate after being ordered to cease the conduct within a specified time period or repeats the conduct 
after the period shall be imp osed a fine of no less than one hundred thousand yuan 
but no more than five hundred thousand yuan and ordered to cease the conduct 
within a specified time period by the Specific Patent Agency. If such person fails to 
cooperate after being ordered to cease the conduct or repeats the conduct after the 
lapse of the period again, he/Such person, if after the lapse of the specified time 
period having not ceased the conduct or misbehaving again after cease, he/she shall 
be sentenced to imprisonment for no more th an 1 year or short -term imprisonment; 
in lieu thereof, or in addition thereto, a fine of no less than one hundred thousand 
yuan but no more than five hundred thousand yuan may be imposed.  
  
Article 3 7-2   A patent agent who provides his/her Patent Agent Li cense and seal or 
the logo of his/her patent firm to any person without a Patent Agent License to 
engage in the practices prescribed in Article 9 shall be sentenced to imprisonment for 
no more than 2 years or short -term imprisonment; in lieu thereof, or in  addition 
thereto, a fine of no less than two hundred thousand yuan but no more than one 
billion yuan may be imposed.  
 
Article 3 7-3   A patent agent who is suspended from practicing but accepts 
representation to engage in the practices  prescribed in subpa ragraphs 1 to 4 of 
Article 9 shall be imposed a fine of no less than sixty thousand yuan but no more 
than three hundred thousand yuan and ordered to correct or cease the conduct 
within a specified time period by the Specific Patent Agency. One who fails to  correct 
or stop his/her acts within the prescribed period is subject to repeated orders to 
correct or stop his/her acts and sanctions for each time until his/her acts are 
corrected or stopped.  
Any person using the title as a patent agent without a Patent  Agent License shall be 
imposed a fine of no less than thirty thousand yuan but no more than one hundred 
fifty thousand yuan and ordered to cease the conduct within a specified time period 
by the Specific Patent Agency. One who fails to correct or stop his /her acts within the 
prescribed period is subject to repeated orders to correct or stop his/her acts and 
sanctions for each time until his/her acts are corrected or stopped.  
The preceding paragraph shall apply as well to where any person uses the title as a 
patent agent after his /her Patent Agent License is revoked or repealed.  
 
Article 3 7-4   A patent agent shall continuously participate in the on -the-job 
training and provides documents proving that such on -the-job training is completed 
to the Specific Pa tent Agency every 2 years.  The on -the-job training prescribed in the preceding paragraph shall be governed by 
the relevant items regulated by the competent authority as prescribed under 
Paragraph 2 of Article 12 -1. 
A patent agent who does not proceed the o n-the-job training in accordance with 
Paragraph 1 shall be notified to correct that within 6 months by the patent authority. 
One who fails to complete the correction after the lapse of time shall be imposed a 
fine of no less than sixty thousand yuan but no  more than three hundred thousand 
yuan by the Specific Patent Agency.  
 
Article 38    A patent agent is prohibited from engaging in professional service as 
follows:  
1. Instances where he/she or another patent attorney or patent agent in his/her firm 
has pre viously accepted representation of the same matter from a respondent party 
to his/her or their client;  
2. Instances where a matter had been previously handled while employed at an 
administrative institution or the court; and  
3. Instances where a related ma tter had been previously assigned by an 
administrative institution or the court.  
Patent agent shall not engage in the following conducts:  
1. Deceiving or beguiling acts toward the Competent Authority or his/her client;  
2. Soliciting business engagement by improper means;  
3. Disclosing or appropriating the content of cases of his/her client;  
4. Posting or publishing notices amounting to fraud or threat in his/her name or the 
name of another; and  
5. Allowing others to practice as a patent agent under his/her name.  
  
Article 39    A patent agent who violates the preceding article, Article 7 applicable 
mutatis mutandis under Paragraph 2 of Article 36, or being convicted by a final and 
irrevocable judgement or ruling for a crime relevant to his/her profession sha ll be 
subject to disciplinary actions in the form of a warning, a reprimand, suspension 
from practicing for a period not less than 2 months but no more than 2 years, or 
revocation of the Patent Agent License, depending on the severity of the 
misbehaving co nduct, by the Specific Patent Agency.  
A patent agent who has received 3 warnings accumulatively shall be deemed as 
receiving one reprimand; a patent agent who has received 3 reprimands 
accumulatively shall be subject to the disciplinary action of suspensio n from 
practicing. Where the accumulative time period of suspension from practicing of a 
patent agent reaches to 3 years, his/her Patent Agent License shall be repealed.    
Article 40    This Act shall become effective 6 months from the date of 
promulgation . 
The amendments made to this Act, except the articles amended on May 5, 2009 and 
effective since November 23, 2009, shall come into force 6 months from the date of 
promulgation.