IP/N/1/TPKM/P/3  
 
28 January 2014  
(14-0478)  Página: 1/75  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 
 MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , KINMEN AND MATSU 
The present document reproduces the text1 of the Patent Act, as last amended on 11 June 2013, 
and which entered into force on 13 June 2013, as notified by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, under Article 63.2 of the Agreement (see document IP/N/1/TPKM/4). 
 
 
Conseil des aspects des droits de propriété  
intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TERRITOIRE DOUANIER DISTINCT DE TAIWAN , PENGHU , KINMEN ET MATSU 
Le présent document contient le texte1 de la Loi sur les brevets, modifiée en dernier lieu le 
11 juin 2013, entrée en vigueur le 13 juin 2013 et notifiée par le Territoire douanier distinct de 
Taiwan, Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/TPKM/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad  
Intelectual relacionados con el Comercio  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO  
TERRITORIO ADUANERO DISTINTO DE TAIWÁN , PENGHU , KINMEN Y MATSU 
En el presente documento se reproduce el texto1 de la Ley de Patentes, modificada por última vez 
el 11 de junio de 2013, y que entró en vigor el 13 de junio de 2013, notificada por el Territorio 
Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TPKM/4). 
 
                                               
 1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte, dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original. IP/N/1/TPKM/P/3 
 
- 2 - 
 
  PP 3-75 - Offset (Pdf file attached) 
PP 3 à 75 - Offset (fichier Pdf joint) PP 3-75 - Offset (fichero Pdf adjunto) 
 1 Patent Act   
(as amended in 2013) 
 
1. Promulgated on May 29, 1944; effective on January 1, 1949  
2. Amended on January 22, 1959  
3. Amended on May 12, 1960  
4. Amended on April 16, 1979  
5. Amended on December 24, 1986  
6. Amended on January 21, 1994  
7. Amended on May 7, 1997;  effective on January 1, 2002  
8. Amended on October 24, 2001  
9. Amended on February 6, 2003; effective on July 1, 2004 except that 
Article 11 becomes effective on the date of promulgation, and that the 
deletion of Article 83, Article 125, Article 126 and Artic le 128 to Article 
131 become effective on March 31, 2003.  
10. Amended on August 25, 2010; effective on September 12, 2010  
11. Amended on December 21, 2011; entered into force on January 1, 2013  
12. Amended on June 11, 2013; entered into force on June 13, 2013  
 
 
IP/N/1/TPKM/P/3 
 
          - 3 -2  
Table of Content  
Chapter 1 General Provisions  
Article 1 Purpose  
Article 2 Categories of patents 
Article 3 Competent authority  
Article 4 Acceptance of foreign application  
Article 5 Right to apply for patent  
Article 6 Transference and pledge of patent  
Article 7 Invention made in the performance of duties  
Article 8 Invention irrelevant to the performance of duties  
Article 9 Protection of employees’ legiti mate rights  
Article 10 Agreement on ownership  
Article 11 Patent agency  
Article 12 Joint application  
Article 13 Joint ownership of the right to apply for patent  
Article 14 Recordation to have Locus standi  against a third party: transference 
of right to apply for patent  
Article 15 Duty of confidentiality of staff members and patent examiners  
Article 16 Avoiding conflict of interests by patent examiners  
Article 17 Delay and reinstatement  
Article 18 Service by publication  
Article 19 E-filing  
Article 20 Calculation of time periods  
Chapter II Invention Patent  
Section 1: Patentabili ty 
Article 21 Definition of invention  
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          - 4 -3 Article 22 Substantial conditions  
Article 23 Deemed as lack of novelty  
Article 24 Statutory exclusion  
Section 2: Application  
Article 25 Filing date  
Article 26 Disclosure  
Article 27 Deposit of biological material  
Article 28 Priority claim under WTO membership, etc.  
Article 29 Claim of priority  
Article 30 Priority claim based on earlier application 
Article 31 First- to-file principle  
Article 32 One creation applied for invention patent and utility model patent  
Article 33 Invention Patent  
Article 34 Division of application  
Article 35 Invalidation action filed by  the owner of the right to apply for a 
patent  
Section 3: Examination and Reexamination  
Article 36 Assignment of a patent examiner for examination 
Article 37 Early publication of patent application  
Article 38 Request for substantive examination  
Article 39 Request procedures for substantive examination  
Article 40 Prioritized examination of a patent application for invention  
Article 41 Effect of laying open an application  
Article 42 Interview and inspection in examination of application 
Article 43 Amendment during examination; final notice  
Article 44 Foreign language documents  
Article 45 Decision of examination  
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          - 5 -4 Article 46 Grounds for decision of  rejection  
Article 47 Publication of patented invention and application for browsing  
Article 48 Reexamination  
Article 49 Amendment during reexamination  
Article 50 Assignment of a patent examiner for reexamination  
Article 51 Confidentiality of invention involving national security  
Section 4: Patent Rights  
Article 52 Payment of fees and publication  
Article 53 Extension of patent term 
Article 54 Deemed to have been extended  
Article 55 Assignment of a patent examiner for extension request  
Article 56 Scope of patent term extension  
Article 57 Invalidation of patent term extension 
Article 58 Effects of invention patent right  
Article 59 Limitations of patent right  
Article 60 Limitations of patent right: research and trials of pharmaceuticals  
Article 61 Limitations of patent right: dispensation of medicines  
Article 62 Recordation to have locus standi  against a third party: transference 
of patent right  
Article 63 Sub-licensing  
Article 64 Disposal of jointly-owned patent right  
Article 65 Disposal of one’s own share of jointly -owned patent right  
Article 66 Prolongation of patent term  
Article 67 Post-grant amendment of invention patent  
Article 68 Examination of post-grant amendment  
Article 69 Restriction on abandoning or amending patent right  
Article 70 Extinguishment of patent right  
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          - 6 -5 Article 71 Grounds for invalidation  
Article 72 Invalidation against extinguished patent  
Article 73 Invalidation action  
Article 74 Invalidation proceedings  
Article 75 Principle of ex officio  
Article 76 Interview and inspection in invalidation proceedings  
Article 77 Consolidated proceedings of invalidation and post-grant 
amendment  
Article 78 Consolidated proceedings of multiple invalidation actions  
Article 79 Assignment of a patent examiner for invalidation  
Article 80 Withdrawal of invalidation action  
Arti
cle 81 Principle of ne bis in idem  
Article 82 Decision of invalidation action  
Article 83 Procedures to be applied mutatis mutandis  to invalidation action 
against
 patent term extension  
Article 84 Publication in the Patent Gazette  
Article 85 Patent Registry  
Article 86 Publication by electronic means  
Section 5 Compulsory Licensing  
Article 87 Grounds for compulsory licensing  
Article 88 Procedure and decision of compulsory licensing  
Article 89 Repeal of a compulsory license  
Article 90 Compulsory licensing of pharmaceuticals: grounds and procedures  
Article 91 Compulsory licensing of pharmaceuticals: export and remuneration  
Section
 6: Payment of Fees  
Article 92 Fees  
Article 93 Time period for payment of annuity  
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          - 7 -6 Article 94 Addition of annuity  
Article 95 Reduction of annuity  
Section 7 Damages and Litigation Action  
Article 96 Right to claim in the event of patent right infringement  
Article 97 Calculation of damages  
Article 98 Marking of patent certificate number  
Article 99 Presumption of manufacturing process used  
Article 100 Forwarding a certified copy of judgment  
Article 101 Acceleration of invalidation proceedings  
Article 102 Unrecognized foreign juristic person or organization  
Article 103 Patent infringement assessment  
Chapter III  Utility Model Patent  
Article 104 Definition  
Article 105 Statutory exclusion  
Article 106 Filing date  
Article 107 Division of application  
Article 108 Conversion of application  
Article 109 Amending patent application  
Article 110 Foreign language documents 
Article 111 Decision of Formality Examination  
Article 112 Formality examination  
Article 113 Grant of patent; publication  
Article 114 Patent term  
Article 115 Request for technical evaluation report  
Article 116 Presentation of technical report  
Article 117 Liability of damages; immunity  
Article 118 Post-grant amendment of utility model patent  
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          - 8 -7 Article 119 Grounds for invalidation action  
Article 120 Provisions applied mutatis mutandis  to utility model patent  
Chapter IV  Design Pate nt 
Article 121 Definition of design  
Article 122 Substantial conditions  
Article 123 Design deemed as lack of novelty  
Article 124 Statutory exclusion  
Article 125 Filing date  
Article 126 Disclosure  
Article 127 Application and restriction of derivative design patent  
Article 128 First- to-file principle  
Article 129 Unity; design for a set of articles  
Article 130 Division of application  
Article 131 Conversion between design patent and derivative design patent  
Article 132 Conversion into design patent  
Article 133 Foreign language documents  
Article 134 Grounds for rejection decision  
Article 135 Patent term  
Article 136 Effects of design patent right  
Article 137 Claim of derivative design patent  
Article 138 Disposal of derivative design patent  
Article 139 Post-grant amendment of design patent  
Article 140 Restriction on abandoning design patent right  
Article 141 Grounds for invalidation  
Article 142 Provisions applied mutatis mutandis  to design patent  
Chapter V  Supplementary Provisions  
Article 143 Preservation of patent files  
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          - 9 -8 Article 144 Prescription of regulations governing awards for creations  
Article 145 Prescription of regulations governing submission of foreign 
language documents  
Article 146 Prescription of regulations governing fees  
Article 147 Transitional provisions: patent term extension 
Article 148 Transitional provisions: patent term  
Article 149 Transitional provisions: pending cases  
Article 150 Transitional provisions: Priority claim based on earlier application; 
division  
Article 151 Transitional provisions: grace period; design patent  
Article 152 Transitional provisions: deposit of biological material  
Article 153 Transitional provisions: Priority claim under WTO membership, 
etc. 
Article 154 Transitional provisions: request for patent term extension  
Article 155 Transitional provisions: no revival of extinguished patent right  
Article 156 Transitional provisions: pending patent application for design  
Article 157 Transitional provisions: pending patent application for associated 
design  
Article 158 Prescription of Enforcement Rules 
Article 159 Date of implementation  
 
IP/N/1/TPKM/P/3 
 
          - 10 -9  
Chapter 1 General Provisions 
Article 1 Purpose 
This P
atent Act is formulated  to encourage , protect and utiliz e the 
creati ons of invention , utility model and design in order to promote industrial  
development.  
Article 2 Categories of patents 
The t
erm "patent" referred to in this Act is classified into the following 
three  type s: 
1. invention patent;  
2. utility model patent; and  
3. design paten t. 
Article 3 Competent authority 
The "competent authority " referred to in this Act is the Ministry of 
Economic Affairs (hereinafter referred to as “the MOEA ”). 
Patent affairs shall be administrated  by a  specific agency appointed by 
the MOEA.  
Article 4 Acceptance of foreign application 
A 
patent application filed by a foreign applicant  shall not be accepted if 
the home country of such foreign applicant is not a signatory to an 
international treaty for protection of patent right to which the Republic of  
China (ROC) is a signatory, or if the home country does not conclude with the 
ROC a treaty or an agreement for reciprocal protection of patent rights, or if 
no patent protection agreement is concluded by and between organizations or 
institutions of the RO C and said foreign country  and approved by the 
respective competent authorities , or if the laws of  said foreign country do not 
accept patent applications filed by ROC nationals.  
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          - 11 -10 Article 5 Right to apply for patent 
Th
e t
erm "right to apply for a patent" sha ll mean the right to file a patent 
application in accordance with this Act. 
Subject to provisions of this Act otherwise prescribed  or the covenants 
otherwise set forth  in an agreement, the term "the owner of the right to apply 
for a patent" shall mean an i nventor, a utility model creator , a designer , or the 
assignee or successor  thereof . 
Article 6 Transference and pledge of patent 
The 
right to apply for a patent or the patent right  is both assignable and 
inheritable.  
The right to apply for a patent shall not be taken as the subject of a 
pledge.  
In the case of taking a patent  right as the subject of a pledge, the pledgee 
shall not be allowed to exploit  the patent  right , unless it is otherwise provided 
for in an agreement.  
Article 7 Invention made in the performance of duties 
Wher
e an invention , a utility model or a design  is made by an employee 
in the course of performing  his/her duties, the right to apply for a patent and 
the patent right thereof shall be vested in his/her employer and the employer 
shall pay the employee reasonable remuneration ; where there is an agreement 
providing otherwise, such agreement shall prevail.  
The so-called  "an invention, a utility model or a design  made by an 
employee in the course of perform ing his/her duties" as set forth in t he 
preceding paragraph shall mean the invention, utility model, or design  
completed by an employee in the course of performing his/her duties during 
the period of employment.  
Where a fund  provider appoints  another party to conduct research and 
development , the ownership of the right to apply for a patent and the patent 
right in connection with the outcome of such research and development shall 
be vested in the party as mutually agreed upon in an agreement  between both 
IP/N/1/TPKM/P/3 
 
          - 12 -11 parties, or such right s shall  be veste d in the inventor , utility model creator or 
designer in the absence of such agreement . However, the fund  provider shall 
be entitled to exploit  such invention, utility model or design.  
Where the ownership of the right to apply for a patent and the patent 
right are vested in the employer or the fund  provider pursuant to  Paragraph 1 
or the preceding paragraph , the inventor , utility model creator or designer 
concerned shall be entitled to a right to have his/her name shown as such . 
Article 8 Invention irrelevant to the performance of duties 
Wher
e an invention, utility model or design  made by an employee has no 
connection to the course of perform ing his/her duties, the right to apply for a 
patent and the patent right for such invention, utility model or design shall be 
vested in the employee . However, if such invention, utility model or design  is 
made through the utilization of the employer's resources or experience s, the 
employer may, after paying  the employee a reasonable remuneration, exploit  
the invention,  utility model or design  concerned in the enterprise.  
Upon completion of an invention, utility model or design  which has no 
connection to the course of an employee ’s perform ing his/her duties, the 
employee shall give the employer a written notice  regarding  such event , and 
shall  also inform the employer of the creative process , if necessary.  
If the employer fails to raise any objection to the employee within six  (6) 
months after  receiving  the employee's written notice under the preceding 
paragraph, the employer  shall not claim that such invention, utility model or 
design  was made by the said employee in the course of perform ing his/her 
duties.  
Article 9 Protection of employee s’ legitimat e rights 
An agreement concluded between an employer and an employee as 
stated  in the preceding article , based on which the employee is precluded 
from enjoying legitimate rights and interests in respect of his/her invention, 
utility model , or design , shall be void.  
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          - 13 -12 Article 10 Agreement on ownership 
Where an 
agreement has been reache d by an employer and its employee 
regarding a  dispute over attribution of right (s) as set forth in Articles 7 and 8 
of this Act, the employer or employee concerned may  file a  request  along with 
relevant document (s) of proof  with the  Specific Patent  Agency for change o f 
ownership of the right (s) involved. The Specific  Patent Agency may, as it 
deems necessary, notify the parties involved to submit document (s) relevant 
to any mediation, arbitration or court judgment rendered in accordance with 
other  laws  and r egulations. 
Article 11 Patent a gency 
An applicant may designate an agent to fil e patent applications and 
handl e patent -related matters  on his/her behalf . 
An applicant who has no domicile or business establishment  in the 
territory of the ROC shall designate  an agent to file patent applications and 
handle patent -related matters  on his/her behalf . 
Eligible  agent s shall be limited to patent  attorneys , unless otherwise 
provided for by laws and regulations.  
The q ualification and administration of patent  attorneys  shall be 
separate ly prescribed by laws . 
Article 12 Joint a pplication 
Where a right to apply for a patent is jointly owned, the patent 
application related thereto shall be filed by all the joint owner (s).  
Where two or more persons engage in any patent -related procedure 
other than filing a patent application, each of them may complete such 
procedure independently, except for making a withdrawal or an 
abandonment of a patent application,  filing  an application for  division or 
conver sion, or taking other actio ns for which this Act requires joint execution.  
However, if a representative is designated by a covenant, such covenant shall 
prevail.  
In the case of an event requiring joint execution as set forth in the 
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          - 14 -13 preceding two paragraphs, one of the joint owners  shall be appointed as the 
recipient of service of documents. In the absence of such recipient , the  Specific  
Patent Agency  shall name the first -listed joint owner  as the recipient and shall 
notify  other  (s) of such service matters . 
Article 13 Joint ownership of the right to apply for patent 
Where 
the right to apply for a patent is jointly owned, the right to apply 
for the patent shall not be assigned or abandoned without the consent of all 
joint owners . 
Where the right to apply for a patent is jointly owned b y two or more 
persons, none of the joint owners  shall assign his/her  own  share therein to a 
third party  without the consent of other joint owners . 
Where one of the owners of the right to apply for a patent abandons 
his/her own  share, this share shall be ve sted in other joint owner(s) . 
Article 14 Recordation to have Locu s s tandi  against a third party: 
transference of right to apply for patent 
In the case of an inheritance or assignment of the right to apply for a 
patent, the successor or the assignee shall h ave no locus standi  against any 
third party unless the patent application has been filed in the name of the 
successor or the assignee at the time of filing, or a request  has been filed 
thereafter with the Specific Patent Agency  for alter ing the recordation  of  
applicant . 
The request  referred to in the preceding paragraph , whether for 
assignment or inheritance, shall be accompanied by document (s) of proof . 
Article 15 Duty of confidentiality of staff members and patent examiners 
While serving in the Specific  Patent Agency , staff member s or patent 
examiner s shall not apply for a patent or receive any rights or interests in 
connection with such patent directly or indirectly, except for inheritance . 
Staff members or patent examiners of the Specific Patent Agency  are 
obligat ed to keep confidential any invention, utility model , or design, or the 
trade secret s of an applicant  which ha ve become known to or been possessed 
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          - 15 -14 by them in the course of performing their  duties ; whoever violates such 
obligation shall bear rele vant legal responsibilit ies. 
The qualification of patent examiners shall be prescribed separately by 
laws.  
Article 16 Avoiding conflict of interests by patent examiners 
Patent examiner s shall exclude themselves  from any of the following 
circumstances:  
1. where , for a concerned patent case,  the patent examiner or his/her 
spouse is the patent applicant, patentee, invalidation requester , patent a gent , 
a partner of the said patent agent or a person having employment relation ship  
with the patent agent ;  
2. where , for a concerned patent case,  the patent examiner is presently 
related to the patent applicant , patentee, invalidation requester  or the patent 
agent by consanguinity within the fourth degree  or by affinity within the 
third degree;  
3. where , for a concern ed patent case,  the patent examiner or his/her 
spouse and the patent applicant, patentee or invalidation requester  are 
co-oblige e(s), co-obligor (s), or debt -paying   co-obligor (s); 
4. where , for a concerned patent case,  the patent  examiner is or was the 
legal representative , the family head or a household member of the patent 
applicant, patentee or invalidation requester ;  
5. where , for a concerned patent case,  the patent examiner is or was the 
litigation agent  or the assisting party  of the patent applicant,  patentee or 
invalidation requester ; or  
6. where , for a concerned patent case, the patent examiner  is or was a 
witness, an expert witness, an opposition requester  or an invalidation 
requester .  
Where a patent examiner  should have but did not exclude 
himse lf/herself  from performing his/her duties , the Specific Patent Agency  
may, upon  request  or on its own authority , revoke the measure (s) already 
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          - 16 -15 taken and adopt an alternative  measure instead.  
Article 17 Delay and reinstatement 
Unles
s otherwise provided in t his Act, where a person filing a patent 
application or taking other proce eding s in connection with patent -related  
matters has  failed to comply within a statutory or specified time period , the 
application filed or the proceeding initiated  shall be dismissed . However, if 
the delay of not acting within a specified time period  has been remedied  
before the dismissal  decision  is served  by the Specific Patent A gency, such 
application or proceeding shall still be accepted.   
If the delay of a statutory time period  is caused by natural calamit y or 
other cause (s) not attributable to the applicant, the applicant may , within 
thirty  (30) days after  cessation  of such cause, file a written  request with the 
Specific Patent A gency stating  the cause(s)  for delay and requesting  for 
reinstatement . An application for reinstatement shall not be accepted if the 
delay has exceeded one (1) year after  expiration of the statutory time period . 
While requesting  for reinstatement, the applicant shall concurrently  
fulfill all obligations  that should have been fulfilled within the concerned time  
period . 
The preceding two paragraphs shall not apply to a delay of the ti me 
limits  as set forth in Paragraph 4 of Article 29 , Paragraph 4 of Article 52 , 
Paragraph 2 of Article 7 0, Paragraph  4 of Artic le 29 applicable mutatis 
mutandis  under Article 12 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis  under Article 12 0; Paragraph 2 of Article 7 0 applicable mutatis 
mutandis  under Article  120; Paragraph 4 of Article 29 applicable mutatis 
mutandis  under Paragraph 1 of Article 14 2; Paragraph 4 of Article 52 
applicable mutatis mutandis  under Paragraph 1 of Article 14 2, and Paragraph 2 
of Article 7 0 applicable mutatis mutandis  under Paragraph 1 of Article 14 2. 
Article 18 Service by publication 
Wher
e an examination decision or any other document(s) cannot be 
served, such decision or document(s) shall be published in the Patent Gazette 
and shall be deemed to have been served thirty (30) days after publication. 
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          - 17 -16 Article 19 E-filing 
Application  for
 patent and o ther relevant proceedings may be processed 
electronically ; the implementation  of which shall be prescribed by the 
competent authority . 
Article 20 Calculation of time periods 
The du
ration of relevant time period s as specified in this Act shall not 
include t he beginning date thereof.  
The duration of the patent right as specified respectively in Paragraph 3 
of Article 52, Article 114 and Article 135 of this Act shall start to run from the 
filin
g date of the patent application concerned. 
Chapter II Invent
ion Patent 
Section 1: Patentability 
Article 21 Definition of invention 
"Invention" means the creation of technical ideas , utilizing the laws of 
nature.  
Article 22 Substantial conditions 
An in
vention which is industrially applicable may be granted  a patent 
upon application in accordance with this Act, except for the following:  
1. the invention was disclosed in a printed publication prior to the filing 
of the patent application;  
2. the invention was publicly exploited prior to the filing of the patent 
application ; or 
3. the invention was publicly known prior to the filing of the patent 
application.  
An invention that is without the circumstances prescribed  in the 
subparagraphs of the preceding paragraph but can be easily made  by a 
person ordinarily skilled in the a rt based on prior art shall not be patented  . 
Any of the following events shall not be deemed as one of the 
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          - 18 -17 circumstances prescribed  in the subparagraphs of Paragraph 1 or the 
preceding paragraph , which may preclude the grant of an invention patent , 
provid ed that the concerned patent application is filed within six (6) months 
after  the date of the event's occurrence : 
1. the invention concerned was  publicly disclosed as a result of 
conducting a test ; 
2. the invention was disclosed  in a printed publication;  
3. the invention was displayed  at an exhibition held  or recognized by the 
Government; or  
4. the invention was disclosed without the consent  of the applicant.  
An applicant claiming exemption  as set forth in Subparagraph  1 through 
Subparagraph 3 of the prece ding paragraph shall state  the fact  and the 
relevant date in the patent application at the time of filing and provide  
document (s) of proof  within the time  period  specified by the Specific Patent 
Agency . 
Article 23 Deemed as lack of novelty 
Wher
e an inventi on claimed in a patent application for invention is 
identical to an invention or utility model disclosed in the description , claim (s) 
or drawing (s) of an earlier -filed patent application for invention or utility 
model which is laid open or published after the filing of the later -filed patent 
application , an invention patent shall not be granted ; however, this shall not 
apply where the applicant of the later -filed  patent application is also the the 
applicant of the earlier -filed patent application for invent ion or utility model . 
Article 24 Statutory exclusion 
An invention patent shall not be granted in respect of any of the 
following : 
1. animals, plants, and essential biological processes for the production of 
animals or plants, except for processes for producing microorganisms; 
2. d iagnostic, therapeutic and surgical methods for the treatment of 
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          - 19 -18 humans or animals;  or 
    3. i nve ntions contrary to public order or morality . 
Section 2: Application  
Article 25 Filing date 
A patent application for invention shall b e filed with the Specific Patent 
Agency  by the owner of the right to apply for a patent  who is to provide an 
application form, a description, claim (s), an abstract, and the necessary 
drawing (s). 
The filing date of a patent application for invention  shall be the date on 
which the application form , description, claim (s), and the necessary 
drawing (s) are provided  in full . 
Where an applicant  does not provide  a description, claim (s) and the 
necessary drawing (s) in Chinese  at the time of filing, but in a foreign  language, 
and where the Chinese translation for the said documents is provided  within 
the time period  specified by the Specific Patent Agency , the filing date shall 
be the date on which the foreign language version  is originally provided .  
Where  the Chine se translation is not provided  within  the specified time 
period  as stated in the preceding paragraph, the patent application shall be 
dismissed; however , if the  Chinese t ranslation  is provided  before  the 
dismissal decision is served , the date on which the  Chinese t ranslation  is 
provided  shall be regarded as the filing date, and the foreign  language 
version shall be deemed  not to have  been provided . 
Article 26 Disclosure  
The descr
iption shall fully disclose the invention in a manner clear and 
sufficient for  it to be understood and carried out by a person ordinarily skilled 
in the art . 
Claim(s)  shall define the claimed invention , and more than one claim  
may  be included therein . Each claim shall be disclosed in a clear  and concise 
manner and be supported by th e description.  
An abstract shall clearly contain a summar y of the disclosed invention ; it 
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          - 20 -19 shall not be taken into account for the purpose of determin ing the sufficiency 
of the disclosure and the patentability of the claimed invention . 
The m anner s of disclo sure for description , claim (s), abstract, and 
drawing (s) shall be prescribed in the Enforcement Rules of the Patent Act. 
Article 27 Deposit of biological material 
When filing a patent application for invention involving a biological 
material or utilization of a biological material, the applicant shall, no later 
than the filing date, make a deposit of the biological material with a domestic 
depository designated by the Specific Patent Agency. No deposit is required if 
the biological material involved can be easily obtained by a person ordinarily 
skilled in the art. 
An applicant shall, within four (4) months after the filing date of patent 
application, submit to the Specific Patent Agency a certificate of deposit, 
indicating the depository, date of deposit and deposit number. If such 
document is not submitted within the specified time period, the deposit shall 
be deemed not to have been made. 
Where 
priority is claimed pursuant to Article 28, the specified time 
period set forth in the preceding paragraph shall be within sixteen (16) 
months after the priority date. 
In the 
event that, prior to filing the patent application for invention, the 
biolog
ical material concerned has been deposited in a foreign depository 
recognized by the Specific Patent Agency, and where the certificate of deposit 
issued by the designated domestic depository and the foreign depository has 
been provided within the time period prescribed in Paragraph 2 or the 
preceding paragraph, the applicant is exempted from the requirement of 
making a deposit no later than the filing date, as set forth in  Paragraph 1. 
I
f an applicant has deposited the biological material in a depository 
designated by a foreign country  in its territory with which the ROC 
recognizes the effects of deposits based on reciprocity, and if the applicant has 
submitted the certificate(s) of deposit issued by the said foreign depository 
IP/N/1/TPKM/P/3 
 
          - 21 -20 within the time period prescribed in Paragraph 2 or Paragraph 3, the 
applicant is exempted from the requirement of making a deposit in the ROC. 
The competent authority  shall stipulate  regulations on t he requirements 
for accession , types, forms , quantit ies of deposits of  biological materials , 
deposit fee s, and other matters in connection with making deposit s set forth 
in Paragraph 1. 
Article 28 Priority claim under WTO membership, etc. 
Where an  applicant has first applied for a patent in a foreign country , 
which reciprocally allows ROC nationals to claim patent priority , or with any 
member of the World Trade Organization (WTO) , the applicant may claim 
priority in respect of  an ROC patent application  for the same invention  if the 
ROC patent  application for the same invention is filed within twelve (12) 
months after  the filing date of the said  first patent application.  
Where an applicant claim s two or more  priorities in respect of a patent 
application, the period referred to in the preceding paragraph  shall  be on the 
basis of the earliest priority date.  
If a foreign applicant is a citizen of a non-member of the WTO and whose 
home country does not mutual ly recognize priority with the ROC, but the 
applicant has domicile or business establishment  in any  member of the WTO 
or in the territory of a reciprocal country, the applicant shall also be entitled to 
claim priority in accordance with the provisions set fort h in Paragraph 1. 
For a patent application filed with priority, examination on its 
patentability shall be based on the priority date. 
Article 29  Claim  of priorit y 
An applicant claiming priority in accordance with the preceding article 
shall  simultaneously make a declaration with respect to the following  when 
filing a patent application:  
    1. t he filing date o f the first patent application;  
    2. the country  or  member of WTO  in which the first patent application 
was filed; and 
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          - 22 -21     3. t he application numb er  of the first  patent  application.  
Within sixteen  (16) months after  the earliest priority date, the applicant 
shall submit a certified copy of the first patent application  issued by the 
foreign patent authority  under the preceding paragraph.  
In case of a  violation of Subparagraph 1 or Subparagraph 2 of Paragraph 
1 or the preceding p aragraph, the priority claim shall be deemed not to have  
been made.  
Where an applicant unintentionally fails to claim priority claim at the 
time of filing, or where the priority claim is deemed not to have been made as 
prescr
ibed in the preceding paragraph, the applicant may, within sixteen  (16) 
months after the earliest priority date, apply for reinstatement of priority 
claim, 
pay the required fees and undertake actions set forth in Paragraphs 1 
and 2. 
Article 30  Priority claim based on earlier application  
An applicant  filing  a subsequent  patent application  based on an earlier 
patent application for invention or utility model in the ROC  may make a 
priority  claim  with respect to the invention or  utility model disclosed in the  
description, claim (s) or drawing (s) submitted for the earlier patent application . 
This provision shall not apply  under any of the following circumstances:  
1. where a period  of twelve  (12) months has elapsed after  the filing date 
of the earlier  patent application;  
2. where priority has been claimed in accordance with the provisions of 
Article 28 or this article in respect of the invention or  utility model disclosed  
in the earlier  patent application;  
3. where t he earlier  patent application is a divisional patent application 
prescribed under Paragraph 1 of Article 34 or Paragraph 1 of Article 10 7, or a 
converted patent application prescribed under  Paragraph 1 of Article 1 08; 
4. where t he earlier  patent applicatio n is a patent application for 
invention  that has been published or has been rejected  finally and bindingly ; 
5. where t he earlier  patent application is a patent application for utility 
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          - 23 -22 model that has been published or has been  rejected  finally and bindingly ; or 
6. where t he earlier  patent application has been withdrawn or dismissed.  
The earlier  patent application referred to in the preceding paragraph 
shall be deemed to have  been withdrawn upon an expiry of fifteen (15) 
months  after  its filing date .  
Priorit y claim ed shall not be withdrawn upon an expiry of fifteen  (15) 
months after  the filing date of the earlier patent application.  
In the  event that  a subsequent patent  application filed with priority claim 
in accordance with Paragraph 1 is withdrawn within fifteen  (15) months after  
the filing date of the earlier  patent  application , the priority claim thus made 
shall be deemed to have  been withdrawn  at the same time . 
Where an applicant claims two or more priorities for a patent application, 
the calculation of  priority period shall be on the basis of the earliest priority 
date.  
For a patent application filed with priority, examination on its 
patentability shall be based on the priority date. 
Where a 
priority claim is made in accordance with Paragraph 1, the filing 
date and the application number of the earlier patent application shall be 
declared at the time of filing. If such declaration is not made, priority claim 
shall b
e deemed not to have been made. 
Artic
le 31 First- to-file principle 
Where 
two or more patent applications are filed for the same invention, 
only
 the earliest application can be granted. The above shall not apply if the 
priority date claimed for the later-filed application is earlier than the filing 
date of the earlier application. 
If the 
filing date and the priority date referred to in the preceding 
paragraph are the same, the applicants shall be notified to reach an agreement 
with respect to the matter concerned. If such an agreement cannot be reached, 
none of the applications shall be granted. If the said patent applications are 
filed by 
the same applicant, the applicant shall be notified to select one patent 
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          - 24 -23 application within a specified time period; failure to make a selection within 
the time period shall result in the rejection of all such patent applications. 
Whi
le t
he applicants concerned are in the process of reaching an 
agreement, the Specific Patent Agency shall require that these applicants 
report the results of the negotiation within an appropriate time period. If the 
said report is no t provided within the specified time period, it shall be 
deemed that an agreement has not been reached. 
Where 
a patent application for invention  and a patent application for 
utility model are filed separately in respect of the same creation, the 
provisions set forth in the preceding three paragraphs shall apply mutatis 
mutandis , except for the circumstances stipulated in Article 32. 
Article 32
 One creation applied for invention patent and utility model 
patent 
An applicant filing a patent application for invention and a patent 
application for utility model for the same creation on the same date shall 
make respective declarations in respect of the said applications. If the patent 
application for utility model has been granted before an approval decision on 
the patent application for invention is rendered, the Specific Patent Agency 
shall notify the applicant to make a selection within a specified time period. 
The patent application for invention shall not be granted if the applicant fails 
to make such declarations or selection within the specified time period. 
Where the applicant selects the patent application for invention 
according to the provision set forth in the preceding paragraph, the utility 
model patent right shall become extinguished on the publication date of the 
invention patent. 
The patent application for invention shall not be granted if the utility 
model patent right has become extinguished or has been revoked finally and 
bindingly before a decision is rendered on the patent application for 
invention. 
Article 33  Invention Patent  
A pate nt application for invention  shall relate to  one invention.  
IP/N/1/TPKM/P/3 
 
          - 25 -24 Two or more inventions so linked as to form a single general inventive 
conc
ept may be filed in one application. 
Article 34 Div ision  of application  
A patent a pplication that substantially contains two or more inventions 
may, upon notice by the Specific Patent Agency or upon request by the 
applicant, be divided into two or more divisional applications.  
A request for division  shall be filed within any of the foll owing time 
periods :  
1. before a reexamination decision on the original patent application is 
rendered ; or 
2. within thirty  (30) days after  the date on which an approval decision  for 
the original patent application  is served . However,  it shall not be filed  if a 
reexamination decision has been rendered.   
The filing date of the divisional  patent application shall be the same as 
the filing date of the original  application . Where the priority claim has been 
made, t he applicant may  claim priority  for the divisio nal patent application . 
The d ivisional patent application shall not extend beyond the scope of 
content disclosed in the description, claim(s), or drawing(s) of the original 
patent applicat
ion as filed. 
For
 the d ivisional patent application filed in accorda nce with 
Subparagraph 1 of Paragraph 2, the examination thereof shall resume  the 
completed examination procedure of the original patent application.  
For the d ivisional patent application  filed  in accordance with 
Subparagraph 2 of Paragraph 2, the examin ation thereof that has been 
conducted  before the original patent application is approved  shall be resume d; 
the original patent application shall be  published based on  the claim (s) and 
drawing (s) as originally  approved . 
Article 35  Invalidation action  filed by  the owner of the right  to apply for a 
patent  
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          - 26 -25 Where an invalidation action is filed against a granted patent by the 
owner of the right to apply for a patent or by the joint owner(s) of the right to 
apply for a patent within two (2) years after the publication date of the patent 
concerned in accordance with Subparagraph 3, Paragraph 1 of Article 71, and 
where 
the said person or joint owner(s) newly files a patent application for 
the same invention within two (2) months after the day on which the 
invalidation decision revoking the patent has become final and binding, the 
filing date of the revoked patent shall be the filing date for the newly filed 
patent applicat
ion. 
A patent 
application newly filed in accordance with the preceding 
paragraph shall not be published again. 
Sectio
n 3: Examination and Reexamination 
Article 36  Assign ment  of a patent examiner  for examination  
The Specific Patent Agency shall assign a patent examiner to conduct the 
substantive examination of a patent application for invention. 
Article  37 Early publication  of patent application  
After rece iving  application documents and determining through 
examination  that the application conforms to stipulated formality 
requirement  and contains no elements that may be deemed unsuitable for 
laying open , the Specific Patent Agency shall lay open the patent application 
for invention eighteen ( 18) months since its filing . 
The Specific Patent Agency  may advance the laying -open of a patent  
application upon  the request  of the applicant.  
A patent application for  invention  shall not be laid open  under any of the 
following circumstances:  
1. where it is withdrawn within fifteen  (15) months after  its filing date;  
2. where  it involve s national defense secret s or any other secret s 
pertaining to national security; or 
3. where it is contrary to public order or morality . 
IP/N/1/TPKM/P/3 
 
          - 27 -26 Where a priority is claimed, t he calculation of time period  set forth  in 
Paragraph 1 and the preceding paragraph shall be on the basis of the priority 
date ; where two or more priorities are claimed, the calculation thereof shall be 
on the basis of the earliest priority date . 
Article 38  Request for  substantive examination  
A request to the Specific Patent Agency  for substantive examination  of a 
patent application for invention  may  be made by any person with in three (3) 
years after  the filing date  of the patent application.  
Where a division request is made pursuant to Paragraph 1 of Article 34 or 
where a patent application is converted into a patent application for invention 
pursuant to Paragraph 1 of Article  108, if the time period  set forth in the 
preceding paragraph  has lapsed , a request for substantive examination may 
be made within  thirty (30) days after such  request for division or conversion .  
A request for substantive  examination according to  the prece ding two 
paragraphs shall not be withdrawn.  
Where  a request for substantive examination is not filed within the time 
period  prescribed  in Paragraph 1 or Paragraph 2, the patent application for 
invention  shall be deemed to have been withdrawn.  
Article 39 Re quest procedures for substantive examination 
A reques
t form for substantive examination referred to in the preceding 
Article shall be submitted. 
The S
pecific Patent Agency shall publish the facts regarding a request for 
substantive examination in the Patent Gazette. 
Where t
he substantive examination is requested by a person other than 
the invention patent applicant, the Specific Patent Agency shall notify the 
invention patent applicant of such fact. 
Article 40  Prioritized examination  of a patent application  for invention  
IP/N/1/TPKM/P/3 
 
          - 28 -27 The Specific Patent Agency may  upon request  conduct prioritized 
examination of a patent application for invention  if it is commercially 
exploited by a person other than the applicant after it is laid open.  
Relevant document(s) of proof shall be submitted when filing a request 
referred to in the preceding paragraph. 
Article 41  Effect of laying open an application  
An invention patent applicant may, after the publication of an invention 
patent application, claim appropriate compensation against  the exploiter who, 
having been given a written notice by the applicant in respect of the contents 
of the invention after the laying -open of the invention patent application, 
continues to commercially exploit the invention after receiving the notice and 
prior to the publication of the said application.  
The claim referred to in the preceding paragraph may also be made 
against a person who is fully aware that the patent application for invention 
has been laid open but continues to commercially exploit the invention prior 
to its publication. 
    The right to claim  compensation as provided in the preceding two 
paragraphs does not affect the exercise of other rights.  However, where an 
applicant having filed a patent application for invention and a patent 
application for utility model pursuant to Article 32 of this Act has been 
granted the utility model patent, the claim against such exploiter shall only be 
made based either on the right to claim compensation or on the utility model 
patent right. 
The right to claim compensation as set forth in Paragraph 1 and 2 shall 
become extinguished if not exercised within two (2) years after the 
publication date of  the said invention patent. 
Article 42  Interview and inspection  in examination of application  
When examining a patent application for invention, the Specific Patent 
Agency may, upon request or on its own initiative, notify the applicant to 
conduct any of the following actions within a specified time period: 
1. to appear before the Specific Patent Agency for an interview; or 
IP/N/1/TPKM/P/3 
 
          - 29 -28 2. to perform necessary experiment(s) or submit model(s) or sample(s). 
The Specific Patent Agency may, when necessary, visit the site or a 
designated place to carry out inspection on the experiment(s) performed or 
model(s) or sample(s) to be  submitted pursuant to Subparagraph 2 of the 
preceding paragraph. 
Article 43 Amendment during examination; final notice 
Unless otherwise stipulated  in this Act, when examining a patent 
application for invention , the Specific Patent Agency may,  upon request or on 
its own initiative , notify the applicant to amend the description , claim( s), or 
drawings within a specified time period . 
Except for correction of translation errors,  any amendment shall not 
extend beyond  the scope of content disclosed in the description, claim (s), or 
drawing (s) as filed . 
Where the  Specific Patent Agency has issue d a notice pursuant to  
Paragraph 2 of Article 46, a patent applicant shall  only make amendment (s) 
within the specified time period  in the notice.  
The Specific Patent Agency may, as it deems necessary, issue a final 
notice after having issued a notice prescribed in the preceding paragraph.  The 
applicant who is to amend claim(s)  after a final notice has been issued shall 
only make the following amendments within the time period specifi ed 
therein:  
1. to delete claim (s); 
2. to narrow down  the scope of claim (s); 
3. to correct errors; or  
4. to clarify ambiguous statement (s). 
In case of a v iolation of the provisions in the preceding two paragraphs , 
the Specific Patent Agency shall state the reasons  in a written decision and 
render  such  decision accordingly.  
The Specific Patent Agency may  issue a final notice accordingly if the 
IP/N/1/TPKM/P/3 
 
          - 30 -29 original patent application or its divisional application meets any  of the 
following  conditions:  
1. where t he cont ent of the notice issued for the original patent 
application is same as th at of the notice issued for the divisional patent 
application ;  
2. where t he content of the notice issued for the divisional patent 
application is same as th at of the notice issued f or the original patent 
application ; or 
3. where t he content of the notice issued for a divisional application is 
same as that of the notice issued for other divisional application (s). 
Article 44  Foreign language documents  
Where a patent applicant submits a  description,  claim (s), and drawing (s) 
prepared in a foreign language pursuant to  Paragraph 3 of Article 25 , such 
foreign language documents shall not be amended.  
The Chinese translation submitted pursuant to  Paragraph 3 of Article 25  
shall not extend beyo nd the scope of content disclosed in  the original foreign 
language  documents as filed .  
Any correction of translation errors in the Chinese version as stated in the 
preceding paragraph shall not extend beyond the scope of content disclosed 
in the original foreign language documents as filed . 
Article 45  Decision of examination  
Upon completion of examination of a patent application for invention, a 
written decision shall be rendered and served on the applicant. 
When a patent application is determined to be unpatentable, the 
reason(s) shall be given in the written decision of examination. 
A written decision of examination shall bear the name of the patent 
examiner . This requirement shall also apply to written decisions for 
reexamination, post -grant amendment, i nvalidation, patent t erm extension 
and invalidation against patent term extension.   
IP/N/1/TPKM/P/3 
 
          - 31 -30 Article 46 Grounds for decision of  rejection 
When a patent application for invention  is in violation of the provisions 
set forth in Articles 21 through 24, Article 26, Arti cle 31, Paragraphs 1 and 3 of 
Article 32 , Article 33, Paragraph 4 of Article 34, Paragraph 2 of Article 43, 
Paragraphs 2 and 3 of Article 44 , or Paragraph 3 of Article 108, a decision of 
rejection shall be rendered.  
Before render ing a decision in accordanc e with the preceding paragraph , 
the Specific Patent Agency shall notify the applicant to file a response within a  
specified  time period . If the applicant fails to make a response within the time 
period , a decision of rejection shall be rendered accordingly . 
Article 47  Publication of patent ed invention  and application for browsing  
A claimed invention shall be patented if there is no reason for negating 
its patentability, and the claim(s) and the drawing(s) of the patent application 
shall be published.  
Any person may apply for viewing, transcribing, photographing, or 
photocopying the written decision of examination, description, claim(s), 
abstract, drawing (s), and the file wrapper in connection with a patent 
application which has been published, except for th e information which 
should be kept confidential by the Specific Patent Agency in accordance with 
laws.  
Article 48  Reexamination  
An invention patent applicant dissatisfied with a decision of rejection 
may  provide reason(s) to request  a reexamination within two (2) months after  
the date on which the decision of rejection is served. If the patent application 
is not accepted or dismissed for formality defects or on the ground of 
ineligibility of the applicant, the applicant may directly file administrative 
remedy actions in accordance with the laws . 
Article 49  Amendment during reexamination  
Where a decision of rejection is rendered pursuant to  Paragraph 2 of 
Article 46, the applicant may  amend the description, claims, or drawing(s) 
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          - 32 -31 during the reexamination stage . 
Where a final notice has been issued before the decision of rejection is 
rendered for a patent application, any amendment made during the 
reexamination stage shall still be subject to limitations set forth in each 
subparagraph of Paragraph 4 of Article 43. The above shall not apply to 
reexamination, if the Specific Patent Agency finds that the final notice issued 
in the original examination procedure was improper.  
The Specific Patent Agency may issue a final notice accordingly under 
any of the following circumstances: 
1. where the reason(s) for reexamination still entails grounds for 
unpatentability;  
2. where the amendment(s) made during the reexamination stage still 
entails grounds for unpatentability; or  
3. 
where an amendment made in accordance with the preceding 
paragraph is in violation of the subparagraphs of  Paragraph 4 of Article 43. 
Article 50  Assign ment  of a patent examiner  for reexamination  
For reexamination, the Specific Patent Agency shall assign a patent 
examiner who did not participate in the examination of the concerned patent 
application to conduct reexamination and render a written decision to be 
served on the applicant. 
Article 51 Confidentiality of invention involving national security 
Where, t
hrough examination, an invention involves national defense 
secrets or any other secrets pertaining to national security, the Ministry of 
National Defense or relevant national security authorities shall be consulted 
for their comments; if it is deemed necessary to keep such invention 
confidential, th e application documents of the said patent application shall be 
sealed. If a request for substantive examination has been filed for the said 
patent application, an examination decision shall be rendered and served to 
the applicant and the inventor.  
The ap plicant, patent agent and the inventor shall keep confidential the 
IP/N/1/TPKM/P/3 
 
          - 33 -32 invention referred to in the preceding paragraph; the right to apply for a 
patent for
 such invention shall be deemed to have been abandoned if there is 
any violation of th e confidentiality requirement. 
    The 
confidentiality period shall last for one (1) year after the date on 
which a written decision is served on the applicant, and such period may be 
extended 
on an annual basis. The Specific Patent Agency shall consult with 
the Ministry of National Defense or relevant national security authorities one 
(1) month prior to the expiration of the confidentiality period and, i f 
confidentiality is no longer required, such patent application shall be laid 
open. 
Where an 
invention referred to  in Par agraph 1 is approved and where 
confidentiality  is deemed unnecessary for such patent application , the Specific 
Patent Agency shall  publish the grant of the invention patent after receiving 
patent certificate fee and the first -year annuity paid within three  (3) months 
by the applicant . If the said fees are not paid prior to the time period  stated 
above, no publication shall be made.  
The Government shall pay a considerable compensation for the loss 
suffered by the applicant during the confidentiality period. 
Sectio
n 4: Patent Rights 
Article 52 Payment of fees and publication 
For
 a patent application for invention that is approved , the grant of such 
patent application shall be published only when  the patent certificate  fee and 
the first -year patent annuity are paid by the applicant within three  (3) months  
after  the date on which  the approval decision  is served ; if the fees are not paid 
within  the said time period , no publication  shall be made . 
A patent right granted to a patent application for inventio n shall st art 
from the publication  date of the patent , and a patent certificate shall be issued 
thereto.  
The term of an invention patent shall expire after a period of twenty (20) 
years from  the filing date of the application.  
Where the applicant unintentionally fails to pay the  required  fees within  
IP/N/1/TPKM/P/3 
 
          - 34 -33 the time period  set forth in Paragraph 1 or Paragraph 4 of the preceding 
article , the applicant should  pay the  patent  certificate fee and two times the 
first-year patent annuity within six (6) months after  the period has  expired.  
After the said payment has been made, the Specific Patent Agency shall 
publish the patent.  
Article 53 Extension of patent term 
Where  a r
egulatory approval shall be obtained in accordance with other 
laws and regulations for the exploitation of an invention patent involving  a 
pharmaceutical or agrichemical, or the manufacturing process thereof , if such  
regulatory approval is obtained  after the publication of the concerned 
invention patent , the patentee may apply for one and only one extension of 
the patent term of said invention patent based on the first regulatory approval. 
The s aid regulatory approval is allowed to be used only once for seeking 
patent term extension.  
The extension of the patent term approved under  the preceding 
paragraph shall not e xceed the length of time when the patent cannot be 
exploited because of the filing of a request for the regulatory approval  with  
the central competent  authorit ies in charge of the business . If the time needed 
to obtain the said regulatory approval exceeds five (5) years, the granted 
patent term extension shall still be five  (5) years.  
The term "pharmaceutical " as set forth in Paragraph 1 does not include 
any veterinary drug . 
When request ing for patent term extension as provided in  the Paragraph  
1, a reques t form and document (s) of proof  must be submitted to  the Specific 
Patent Agency within three  (3) months after  obtaining the first regulatory 
approval; no request for patent term extension shall be filed within six  (6) 
months prior to the expiry  of the orig inal patent term.  
When making a decision on an application for patent term extension, the 
Specific Patent Agency  shall take into consideration the impact on public  
health and shall coordinate with the central competent  authorit ies in charge  of 
the business  to formulate  the regulations concerned.  
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          - 35 -34 Article 54 Deemed to have been extended  
Where a 
request for patent term extension  is filed in accordance with  the 
preceding article , the patent term shall be deemed to have  been extended  if 
the Specific Patent Agen cy has yet to render  a decision before the original 
patent term expires . However, where such request for patent term extension  
is not allowed, the patent term shall expire on the original expiration date . 
Article 55 Assignment of a patent examiner for extension request 
Th
e Specific Patent Agency shall assign a patent examiner  to examine a  
request for patent term extension , render  a written decision and serve it on 
the patentee.  
Article 56 Scope of patent term extension 
The sc
ope of a patent, of which a term  extension has been granted, shall 
be limited to  only  the effective  ingredients  and use stated in the regulatory 
approval concerned . 
Article 57 Invalidation of patent term extension 
Any per
son may file an invalidation action of the granted patent term 
extension to the Specific Patent Agency,  together with document (s) of proof , 
under any of the following circumstances:  
1. where it is unnecessary to obtain the regulatory approval to exploit  the 
invention  patent  concerned ; 
2. where neither the patentee nor li censee has obtained the regulatory 
approval ;  
3. where the granted  term of extension exceeds the period  during  which 
the patent cannot be exploited ; 
4. where the requester  of the  patent term extension is not the patentee;  
5. where t he regulatory approval o f extension  request  is not the first 
approval, or a request for  extension based on the said regulatory approval has 
been made ; 
6. where the request for extension is based on the time spent on 
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          - 36 -35 conducting trials  or tests in a foreign country, the extended te rm granted  by 
the Specific Patent Agency  exceeds the period  approved  by the  foreign patent 
authority ; or 
7. where t he pharmaceutical s involved in the granted patent term 
extension  are veterinary drugs . 
If an invalidation decision revoking the patent term e xtension has 
become final and binding , the granted patent term extension shall be deemed  
non- exist ent ab initio . However, if such final and binding invalidation  decision 
of revocation is rendered   due to violation of  Subp aragraph 3 or 
Subp aragraph 6 of the  preceding paragraph, only the exceeding period of the 
extension shall be deemed non-existent . 
Article 58 Effects of invention patent right 
Unless 
otherwise provided for in this Act, the patentee of an invention 
patent has an exclusive right to prevent oth ers from exploiting the invention 
without the patentee’s consent.  
Where the invention is a product, exploiting of which means the acts of 
making, offering for sale, selling, using, or importing that product for the 
aforementioned purposes.  
Where the invent ion is a process, exploiting of which means the 
following acts:  
1. using the process; and 
2. using, offering for sale, selling or importing for these purposes the 
product obtained directly by that process.  
The extent of the protection conferred by an inven tion patent shall be 
determined by the claim(s), and the description and drawing(s) may be 
considered as a reference  when interpreting the claim(s).  
The abstract shall not be used for the purpose of interpreting claim(s).  
Article 59 Limitations of patent right 
The eff
ects of an invention patent right shall not extend to the following 
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          - 37 -36 circumstances:  
1. acts done privately and for non -commercial purpose(s);  
2. necessary acts to exploit the invention for research or experimental 
purpose(s);  
3. acts done by a p erson who has been exploiting the invention or making 
all the necessary preparations for doing such act in this country before the 
filing date of the invention. However, th is provision shall not apply where the 
person has learn ed of the invention from the patent applicant for less than  six 
(6) months  and the patent applicant  has made a statement reserv ing his /her  
right to a patent being granted ; 
4. a vehicle merely passing through the territory of this country, or any 
device of such vehicle;  
5. where a pate nt granted to a person not the owner of the right to apply 
for a patent  is revoke d as a result of an invalidation action filed by the 
patentee , acts done by a licensee who has, prior to invalidation, been 
exploiting the invention or making all the necessar y preparations to do such 
an act in good faith ; 
6. where, after the sale of a patented product made by the patentee or 
made under consent of the patentee, using or reselling such product. The 
making and selling as stated above are not limited to acts done domestically; 
and 
7. where, after an invention patent is extinguished  pursuant to 
Subparagraph 3, Paragraph 1 of Article 70 and before it is reinstated and 
published pursuant to  Paragraph 2 of Article 70, acts done by a person who 
has been exploiting the i nvention or making all the necessary preparations to 
do such an act  in good faith . 
The person exploiting the invention as stated in Subparagraphs 3, 5, and 
7 of the preceding paragraph, may continue such exploitation  within the 
original business purpose (s).  
A licensee as stated in Subparagraph 5 of Paragraph 1, who continues to 
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          - 38 -37 exploit the invention after the patent is revoked , shall pay the patentee a 
reasonable royalty from  the date of receiving a written notice from the 
patentee.  
Article 60 Limitation s of patent right: research and trials of pharmaceuticals  
The effects of the patent right shall not extend to  research and  trials, 
including their practical requirements , necessary  for obtaining registration 
and market  approval  of drugs  under the Pharmaceuti cal Affairs  Act or 
obtaining market approval of pharmaceutical s from a foreign country.  
Article 61 Limitations of patent right: dispensation of  medicines 
The effects of the patent right for the invention of medicines to be 
manufactured by mixing two or mor e medicines or for the invention of a 
process thereof shall not extend to the preparing of medicines in accordance 
with a prescription from a physician, or the medicines so prepared. 
Artic
le 62 Recordation to have locus standi  against a third party: 
transference of patent right 
The assigning, entrusting, licensing, or establishing of a pledge on a 
patent right by the patentee shall have no locus standi  against any third party  
unless it is recorded with the Specific Patent Agency.  
The license as stated in th e preceding paragraph may be an exclusive 
license or a non -exclusive license.  
An exclusive licensee shall, within the scope of the license granted, 
exclude the patentee and third parties from exploiting the patented invention.  
Where a patentee establishes multiple pledges on the same patent for the 
purpose of securing multiple creditors’ rights, the ranks of these pledges shall 
be determined according to the order of their recordation. 
Article 63 Sub -licensing 
An exclusive licensee may sub -license a third party to exploit the licensed 
patent unless otherwise agreed upon by contract.  
A non -exclusive licensee shall not be allowed to sub -license a third party 
IP/N/1/TPKM/P/3 
 
          - 39 -38 to exploit the licensed patent without the consent of the invention patentee or 
the exclusive licensee .  
The sub-licensing contract shall have no locus standi  against any third 
party unless it is recorded with the Specific Patent Agency. 
Article 64 D
isposal of jointly-owned patent right 
Where a 
patent right is jointly owned, except for exploitation by each of 
the joint owners, it shall not be assigned, entrusted, licensed, pledged, or 
abandoned without the consent of all the joint owner(s). 
Article 65 D
isposal of one’s own share of joint ly-owned patent right 
Where a patent right is jointly owned, no joint owner may assign, entrust 
or establish a pledge on his/her own share without the consent of all the 
other joint owner(s). 
Where a 
joint owner of a patent right has abandoned his/her own share, 
this share shall be vested in other joint owner(s). 
Article 66 Prolongation of patent term  
Where an 
invention patentee has suffered loss as a result of a war 
between ROC and a foreign country, the patentee may request for patent term 
prolongation for five (5) to ten (10) years; only one such prolongation shall be 
permitted. However, if the patent is owned by a national from the foreign 
country in war with ROC, a request therefor shall not be allowed.  
Article 67 Post
-grant amendment of invention patent 
The 
patentee  filing a request  for amending the description , claim (s) or 
drawing (s) of a granted  invention patent shall only conduct the following : 
1. to delete  claim (s); 
2. to narrow down  the scope of claim (s);  
3. to correct errors or  translation  error s; and 
4. to clarify ambiguous statement (s). 
Except for correction of translation  error s, a post -grant amendment shall 
IP/N/1/TPKM/P/3 
 
          - 40 -39 not extend beyond  the scope of content disclosed in  the description , claim (s), 
or drawing (s) as filed.  
For a patent application for invention  filed by submitting the description , 
claim (s), and drawing (s) in a foreign language  pursuant to Paragraph 3 of 
Article 25 , the correction of translation  error s shall not extend beyond the 
scope of content disclosed  in the original  foreign language documents as filed . 
An post -grant amendment shall  not substantially enlar ge or alter the 
scope of the claim (s) as published . 
Article 68 Examination of post-grant amendment 
The 
Specific Patent Agency shall designate a patent examiner  to conduct 
examination of post -grant amendment, render a decision and serve  it on the 
patentee , except for a post -grant amendment filed in accordance with Article 
77. 
After 
approving the post -grant amendment , the Specific Patent Agency 
shall publish the examination decision therefor . 
Once a description , claim (s) and drawing (s) are amended and publish ed, 
such post -grant amendment shall take effect retroactive ly from  the filing date.  
Article 69 Restriction on abandon ing or amending patent right 
A patente
e shall not abandon the patent right, or apply for a post -grant 
amendment as stated in Subparagraph 1  or 2, Paragraph 1 of Article 67 
without the consent from  the licensee (s) or pledgee (s) . 
Where a patent  right is jointly owned, no joint owner may apply for 
post -grant amendment as stated in Subparagraph 1 or 2, Paragraph 1 of 
Article 67 without the conse nt from all the joint owner (s). 
Article 70 Extinguishment of patent right 
An in
vention patent right shall become extinguished under any of the 
following circumstances:  
1. where the patent term has expired, and the patent shall become 
extinguished; 
IP/N/1/TPKM/P/3 
 
          - 41 -40 2. where the patentee has passed away without heirs;  
3. where th e annuity of the second or any subsequent years is not paid 
within the payment time period, the patent right shall become extinguished 
retrospectively after the expiration of the original due date; or 
4. where the patentee abandoned the patent, the patent right shall be 
extinguished from the date the patentee makes a declaration in writing. 
The pate
ntee who  unintentionally  fails to pay a patent annuity within the  
time period for late payment set for th in Paragraph 1 of A rticle 9 4 may apply 
for reinstatement of  the patent right s within one  (1) year after  the expiration 
of the  time period  of late payment  by paying triple the amount originally due, 
whereby  the Specific Patent Agency shall publish with r espect to the above . 
Article 71 Grounds for invalidation 
Any 
person may request for an invalidation  action  against an invention 
patent with the Specific Patent Agency under any of the following 
circumstances:  
1. where there is a violation of Articles 21 to  24, Article 26, Article 31, 
Paragraphs 1 and 3 of Article 32, Paragraph 4 of Article 3 4, Paragraph 2 of 
Article 43, Paragraphs 2 and 3 of Article 4 4, Paragraphs 2 to 4 of Article 67, or  
Paragraph 3 of Article 10 8 of this Act;  
2. where the home country of the patentee does not accept the patent 
applications filed by ROC nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or where the 
invention patentee is not the owner of the right  to apply for a n invention 
patent . 
An invalidation action based on Subparagraph 3 of the preceding 
paragraph shall only be filed by the interested party . 
With respect  to the ground(s)  upon which  an invalidation action  is based 
and filed  against an invention patent, the provisions  in effect at the time of 
the said patent being  approved shall govern . However,  if an invalidation 
action  is filed based on the ground(s) under Paragraph 4 of Article 34 , 
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          - 42 -41 Paragraph 2 of Article 43, Paragraph s 2 and 4 of Article 6 7, or Paragraph 3  of 
Article 1 08, the provisions in effe ct at the time of  filing the said action  shall 
govern . 
Article 72 Invalidation against extinguished patent 
Where t
he interested party possesses recoverable legal interests due to 
the revocation  of a patent, such interested party may file an invalidation 
action after the said patent has become extinguished ipso facto . 
Article 73 Invalidation action 
When fi
ling a n invalidation action , a request form shall be submitted 
with  a statement , reason (s), and accompanied by evidence.  
Where a patent contains more than one claim, an invalidation action  may 
be filed against parts of the  claim s. 
An invalidation  statement shall not be modified or added after filing, but 
it can be narrowed.  
A requester  of invalidation action  may provide  invalidation reasons or 
evidence within one  (1) month after  the date  of filing the said action ; however, 
the reasons or evidence provided  prior to rendering a decision  shall still be 
examined.  
Article 74 Invalidation proceedings 
Upon r
eceipt of a request form for invalidation action  stated in the 
preceding article , the Specific Patent Agency shall send a copy there of to the 
patentee . 
The patentee shall provide a response within one (1) month after having 
been served with a copy of the request  form . If the patentee fails to provide  
such response , the invalidation proceedings shall be conducted accordingly , 
unless a request  for extension containing  reason(s) thereof  has been approved.  
The Specific Patent Agency may conduct invalidation proceedings 
accordingly if the reason(s) or evidence provided by the requester of 
invalid
ation action is likely to delay the proceedings or if the facts and 
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          - 43 -42 evidence provided are sufficiently clear. 
Article 75 Prin
ciple of ex o fficio  
When conducting invalidation proceedings , the Specific Patent Agency  
may,  by ex offi cio, examine the reason (s) and evidence not  provided  by the 
requester  of invalidation action  but within the scope of the invalidation 
statement , and notify the patentee to respon d within a specified  time period . 
The invalidation proceedings shall be conduc ted accordingly  if the patentee  
fails to respond  within the time period . 
Article 76 Interview and inspection in invalidation proceedings 
When c
onducting invalidation proceedings, the Specific Patent Agency 
may, upon a request or ex officio , notify the pate ntee to take any of the 
following actions within a specified time  period : 
1. to a ppear at the Specific Patent Agency for interview;  or 
2. to conduct  necessary experiment(s)  or provide  model(s) or sample(s).  
 The Specific Patent Agency may, when necessary, visit the site or a 
designated place to carry out  inspection  on the experiment(s) performed or 
model(s) or sample(s) to be submitted pursuant to  Subparagraph 2 of the 
preceding paragraph.  
Article 77 Consolidated proceedings of invalidation and post-grant 
amendment 
If, during the invalidation proceedings,  a request for post -grant 
amendment is filed , the said proceedings and post -grant amendment shall be 
consolidated ; the decisions concerned shall be rendered jointly  as well . If the 
Specific Patent Agency con siders the said post -grant amendment approvable, 
it shall send a copy of the amended description , claim (s) and/or drawing (s) to 
the requester  of invalidation action . 
Where there are two or  more request s for post -grant amendment  filed 
during the proceedings  of same invalidation action , the earlier -filed request(s) 
for post -grant amendment shall be deemed to have been withdrawn.  
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          - 44 -43 Article 78 Consolidated proceedings of multiple invalidation actions 
Where 
there are multiple  invalidation action s filed against the  same 
patent, the Specific Patent Agency , when necessary,  may consolidate  the 
invalidation proceedings of the said actions.  
Where the invalidation proceedings have been consolidated  pursuant to 
the preceding paragraph , decisions concerned may also be rende red jointly . 
Article 79 Assignment of a patent examiner for invalidation 
When 
conducting invalidation proceedings, the Specific Patent Agency 
shall assign  a patent  examiner  to render a decision  and serve  it to the patentee  
and the requester  of invalidation  action . 
Decision  on an invalidation action  shall be rendered on a claim -by-claim 
basis.  
Article 80 Withdrawal of invalidation action 
An 
inv
alidation action  may be withdrawn by the requester before a 
decision concerned has been rendered . However, if the patentee  has already 
submitted a response , such withdraw al shall be consented  by the patentee . 
The Specific Patent Agency  shall notify the patentee of the withdrawal  of 
an invalidation action . If the patentee  raises no objection within ten (10) days 
after  the notice has been served , it shall be deemed that the patentee  has 
consented  to such withdraw al. 
Article 81 Principle of ne  bis in idem  
Under any of the following circumstances, any person shall not be 
allowed to separately file an invalidation action against the same patent based 
on the same facts and evidence : 
1. where a nother invalidation action has been  filed based on the same 
facts and evidence  and considered groundless by a decision; or  
2. where n ew evidence is provided to  the Intellectual Property Court 
pursuant to Article 33 of the Intellectual Property Case Adjudication Act and 
considered groundless  by a judgment.  
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          - 45 -44 Article 82 Decision of invalidation action 
Where an 
invalidation action  against an invention patent is  considered 
well grounded , the pat ent right shall be revoked ; such revocation  may be 
made on a claim -by-claim basis.  
Revocation  of an invention patent right shall become  final and binding 
under any of the following circumstances:  
1. where no administrative remedy proceedings are filed in a ccordance 
with laws; or 
2. where administrative remedy proceedings are filed but dismissed 
finally and bindingly.  
Where an invention patent is revoked  finally and bindingly, the effect of 
patent right shall be deemed  not to have existed.  
Article 83 Procedures to be applied mutatis mutandis  to invalidation action 
agai
nst patent term extension 
With respect to an invalidation action  filed against patent term extension 
of an invention patent pursuant to  Paragraph 1 of Article 5 7, the provisions in 
this Act with  respect to invalidation actions against invention patent s shall 
apply mutatis mutandis . 
Article 84 Publication in the Patent Gazette 
An in
vention patent with respect to grant, change, extension, 
prolongation, assignment, trust, licensing, compulsory licen sing, revocation, 
extinguishment, pledge establishment , invalidation decision s, as well as 
other matters that should  be published shall  be published in the Patent 
Gazette . 
Article 85 Patent Registry 
The 
Specific Patent Agency shall maintain a Patent Regis try, in which the 
patent grants, changes of patent rights, and all  other matters required by laws 
shall be registered.  
The Patent Registry set forth in the preceding paragraph may be 
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          - 46 -45 produced electronic ally and shall be made available to the public for 
browsing , transcribing, photographing, or photocopying.  
Article 86 Publication by electronic means 
Mat
ters which should be laid open and published  by the  Specific Patent 
Agency  in accordance with this Act may be done electronic ally; the date for 
such implementation  shall be decided by the Specific Patent Agency . 
Section 5 Compulsory Licensing 
Article 87 Grounds for compulsory licensing 
In r
esponse to national emergency or other circumstances of extreme 
urgency, the Specific Patent Agency shall, in accordance w ith an emergency 
order or upon notice from the central government authorities in charge of the 
business, grant compulsory licensing of a patent needed, and notify the 
patentee as soon as reasonably practicable.  
The Specific Patent Agency may, upon request,  grant compulsory 
licensing of a patent  under any of the following circumstances  for which it is 
deemed necessary : 
1. where a patented invention is  to be  exploited non -commercially for the 
enhancement of public interest ;  
2. where a later invention or util ity model patent cannot be exploited 
without infringing  upon  a prior invention or utility model patent, and where 
the later invention or utility model patent involves an important technical 
advancement of considerable economic significance in relation to t he prior 
invention or utility model patent;  or 
3. where a patentee has committed acts restricting competition or has 
committed unfair competition acts,  for which  a judgment  has been made by a 
court of law  or a decision has been rendered  by the Fair Trade C ommission of 
the Executive Yuan.  
Request  for compulsory licens ing of a patent involving  semiconductor 
technology shall be filed based on the grounds set forth in Subparagraph 1 or 
3 of the preceding parag raph.  
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          - 47 -46 Request  for compulsory licens ing of a patent made pursuant to  
Subparagraph 1 or 2 of Paragraph 2 may only be approved  if the requestor 
has made efforts to obtain authorization from the right holder on reasonable 
commercial terms and conditions, and that such efforts have not been 
successful within a r easonable time period . 
Where a r equest for compulsory licensing of a patent is made pursuant to  
Subparagraph 2 of Paragraph 2, the owner of the prior patent may propose 
reasonable terms and conditions and seek grant of compulsory licens ing of 
the later pat ent owned by the requestor . 
Article 88 Procedure and decision of compulsory licensing 
After 
receiving a  request  for compulsory licens ing filed pursuant to 
Paragraph 2 of the preceding Article or Article 90, the Specific Patent Agency 
shall notify and requi re the patentee concerned to respond  within a specified  
time period . If no response  is made  within the specified time  period , the 
Specific Patent Agency may  then proceed to the examination of the 
compulsory licens ing request.  
Exploitation of a compulsory license shall be predominantly  for the 
supply of domestic market. The above shall not apply to the compulsory 
license granted pursuant to  Subparagraph 3, Paragraph 2 of the preceding 
Article.  
The decision on a request for compulsory license shall be made i n writing 
and shall indicate the reasons, scope, duration, and the required 
remuneration.  
Granting of  compulsory licens ing shall not affect the exercise of patent 
right by the patentee concerned.  
The right (s) granted under a compulsory license shall not be  assigned, 
entrusted, inherited, licensed or pledged except for any of the following 
circumstances:  
1. where a compulsory license is granted pursuant to  Subparagraph 1 or 
Subparagraph 3, Paragraph 2 of the preceding Article  and is  assigned, 
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          - 48 -47 entrusted, inhe rited, licensed or pledged with the business involving the 
exploitation of the patent; or  
2. where a compulsory license is granted pursuant to  Subparagraph 2  of 
Paragraph 2  or Paragraph 5 of the preceding Article  and is assigned, 
entrusted, inherited, lic ensed or pledged with the patent right of  the licensee.  
Article 89 Repeal of a compulsory license 
Wher
e a 
compulsory license granted pursuant to  Paragraph 1 of Article 
87 is considered no longer necessary by the central government authorit ies in 
charge of the business, the Specific Patent Agency shall repeal  the compulsory 
license upon a notice from the said authorities . 
The Specific Patent Agency may, upon request, repeal  a granted 
compulsory license under any of the following circumstances:  
1. where the f act warranting the compulsory license has been changed 
and compulsory licensing is no longer necessary;  
2. where the licensee fails to properly exploit  the patent as required in the 
compulsory license ; or 
3. where the licensee fails to pay the remuneratio n as determined by the 
Specific Patent Agency.  
Article 90 Compulsory licensing of pharmaceuticals: grounds and 
proc
edures 
For purposes of assisting countries with insufficient or no manufacturing 
capacities in pharmaceutical sector to obtain pharmaceutical  product(s) 
needed for treating HIV/AIDS, tuberculosis, malaria and other epidemics, the 
Specific Patent Agency may , upon request, grant a compulsory license to the 
requestor to exploit a patent concerned  for the purpose of producing  and 
importing pharmace utical product(s)  to the se countries .  
Request for a compulsory license made pursuant to  the preceding  
paragraph may only be granted  if the requestor  has made efforts to obtain 
authorization from the right holder on reasonable commercial terms and 
conditio ns and that such efforts have not been successful within a reasonable  
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          - 49 -48 period of time; however, the above shall not apply if compulsory licensing of 
the required pharmaceutical product(s) has been granted in the importing 
country.  
If the importing country concerned is a WTO member, the requestor  shall , 
when filing a request pursuant  to Paragraph 1, provide  document (s) proving 
that the importing country has fulfilled the following:  
1. the Council for Trade -related Aspects of Intellectual Property Rights 
has been notified of the name(s) and expected quantities of the  
pharmaceutical product(s) needed;  
2. the 
Council for Trade -related Aspects of Intellectual  Property Rights 
has been notified of its intention as an importer and has established that it has 
insuff icient or no manufacturing capacities in the pharmaceutical sector. 
However, such document(s)  of proof  is  not required  if the importing 
country is a least -developed country; and 
3. where the required pharmaceutical product(s) is  not patented in the 
impor ting country, or where the pharmaceutical product(s) is patented in its 
territory, the importing country  has granted or is about  to grant a compulsory 
license.  
The so called "least -developed countries " mentioned in the preceding 
paragraph refers to countri es announced by the United Nations (UN) as being 
least -developed countries.  
Where  the importing country is not a WTO member, but a 
least -developed country or a country with insufficient or no manufacturing 
capacities in the pharmaceutical sector, the reque stor shall , when filing a 
request for compulsory licens ing pursuant  to Paragraph 1, provide  
document (s) proving that the importing country has fulfilled the following 
conditions:  
1. the name(s) and expected quantities of the pharmaceutical product(s) 
needed have been filed in writing with the foreign affairs authorities of the 
ROC; and 
2. stating that it agrees to prevent re -exportation of the pharmaceutical 
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          - 50 -49 product(s) needed.  
Article 91 Compulsory licensing of pharmaceuticals: export and 
remuneration 
P
harm aceutical product(s) produced under compulsory licens ing 
pursuant to  the preceding Article shall be exported to the importing country 
entirely, and the quantity of the product authorized to be produced shall not 
be more than the quantity required  by the im porting country in its notice sent 
to the Council for Trade -related Aspects of Intellectual Property Rights or the 
foreign affairs authorities of the ROC. 
Pharmaceutical product(s) produced under compulsory licens ing granted 
pursuant to  the preceding Artic le and the external packaging thereof shall be 
marked with the licensing basis specified by the Specific Patent Agency; the 
packaging, coloring or shaping of the pharmaceutical product(s) produced 
under compulsory licens ing shall be sufficiently distinguis hable from 
pharmaceutical product(s) produced by the patentee or his/her licensee(s).  
The licensee of a compulsory license shall pay appropriate remuneration 
to the patentee. The amount of remuneration shall be decided by the Specific 
Patent Agency, taking  into account the economic value of the patent of the 
required pharmaceutical product(s) to the importing country with reference 
to the human development index issued by the United Nations.  
Before exporting the pharmaceutical product(s) produced under a 
compulsory license, the licensee shall post on a website the quantities, name(s) 
and destination(s) of such pharmaceutical product(s), as well as distinctive  
features there of. 
Inspection and registration of the pharmaceutical product(s) produced 
and exported  under compulsory licensing pursuant to  the preceding Article 
shall not be bound by Paragraph 2, Article 40ter of the Pharmaceutical Affairs 
Act. 
Section 6: Payment of Fees 
Article 9 2 Fees  
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          - 51 -50 With respect to each request for patent -related matters, the reques tor 
shall pay fees at the time of filing.  
For a granted invention patent, the patentee shall pay a patent certificate 
fee and patent annuities. If extension or prolongation of patent term is 
allowed, patent annuities shall still be paid during the extended  or prolonged 
patent term. 
Article 9 3 Time period for  payment of annu ity 
The annuity for an invention patent shall be paid starting from the 
publication date. Payment of the first-year annuity shall be made pursuant to 
the provision set forth in Paragraph 1, Article 52 hereof, while the payment of 
the second-year annuity and the annuities thereafter shall be made before the 
period thereof expir es. 
The annuity for several years may be paid at one time. Under such 
circumstance, if the annuity rate is adjusted  upward, the patentee concerned 
will not be required to pay the deficit.  
Article 94 Addition of annu ity 
If the 
annuity for the second or any subsequent year is not paid within 
the specified time period, a late payment can be made within six (6) months 
after the original due date with a specified percentage addition. 
The 
additional annuities based on the specified percentage addition as 
stated in the preceding paragraph means that the  additional annuity shall be 
paid dependin
g on the amount of time elapsed from the original due date. For 
ever
y month that has elapsed, an additional fee at a ratio of 20% shall be paid; 
the maximum of the additional fee shall be the same as the amount originally 
due. The elapsed time from one day to one month shall be deemed as one 
month. 
Article 95 Reduction of annu ity 
Where 
the patentee of an invention patent is a natural person, school or 
small and medium enterprise, the patentee may request  for a reduction of 
patent annuit y with the Specific Patent Agency.  
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          - 52 -51 Section 7 Damages and Litigation Action 
Article 96 R
ight to claim in the event of patent right infringement 
A patentee of an invention patent may demand a person who infringes or 
is likely to infringe the patent right to stop or prevent such infringement.  
In case an infring ement of invention pate nt occurs  due to intentional act 
or negligen ce, the patentee may claim for damages suffered therefrom.  
When making a demand pursuant to Paragraph 1, the patentee may 
request for destruction of the infringing articles or the materials  or 
implements  used in the infringing act, or request for other necessary disposal.  
An exclusive licensee may, within the licensed scope, make demands in 
accordance with the preceding three paragraphs. However, if it is otherwise 
provided for in an agreem ent, such agreement shall prevail.  
Where the inventor’s right to be indicated as such is infringed, the 
inventor may request for necessary  disposition (s) to have his/her name 
indicated or to restore the impaired  reputation . 
The rights to claim as set forth  in Paragraph 2 and the preceding 
paragraph shall become extinguished if not exercised within two (2) years 
after  the patentee has become aware of the damage and the person liable for 
damages. This right shall also become extinguished if it is not exercise d 
within ten (10) years after  the time of infringement.  
Article 97 Calculation of damages 
The d amages claimed pursuant  to the preceding article may be calculated 
according to any of the following methods:  
1. the method as set forth  in Article 216 of the Ci vil Code; if no method of 
proof can be produced to prove the damage s suffered , a patentee may claim 
damages based on the difference between the profit earned through patent 
exploitation after infringement  and the profit normally expected through 
exploit ation of  the same patent;  
2. the profit earned by the infringer as a result of patent infringement;  or 
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          - 53 -52 3. the amount calculated on the basis of reasonable royalties that may be 
collected from exploiting the invention patent being licensed.  
Subject to the prec eding paragraph, where the infringement is found to 
be intentionally committed, the court may, upon request and on the basis of 
the severity of the infringement, award the damages greater than the loss 
suffered but not exceeding three (3) times of the prov en loss.  
Article 98 Marking of patent certificate number 
The patent certificate  number shall be marked on the patented article. If 
such marking cannot be fixed on the patented article, the patentee may make 
such marking on the labels or packaging, or make such marking in a distinct 
way sufficient to draw people ’s attention. Where no patent marking is made, 
evidence shall be produced when claiming damages to prove that the 
infringer knows or has a reason to know  that the said article is under patent 
protecti on. 
Article 99 Presumption of manufacturing process used 
Wher
e an article produced following  a manufacturing process  is still 
unknown within and outside of this country  before the filing of a patent 
application for the manufacturing process , another  articl e identical thereto 
made by another person shall be presumed to have  been produced following  
the said manufacturing process.   
The presumption made under the preceding paragraph may be rebutted 
by providing  proof to the contrary. A proof made by the defenda nt that the 
process used in manufacturing the article at issue is different from the 
patented process  shall be deemed as proof to the contrary. The legitimate 
rights and interests with respect to manufacturing and trade secrets disclosed 
in the defendant ‘s evidence  shall be fully protected.  
Article 100 Forwarding a certified copy of judgment 
A c
ourt of law shall forward to the Specific Patent Agency a certified  
copy of the judgment issued thereby for a litigation case involving invention 
patent.  
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          - 54 -53 Article 101 Acceleration of  invalidation proceedings 
Where an invalidation action  involves the trial of an infringement 
litigation case, the Specific Patent Agency shall give priority to such 
invalidation proceedings.  
Article 102 Unrecognized foreign juristic person or organization 
An unr
ecognized foreign juristic  person or organization may file civil 
suits in respect of the matters governed by this Act.  
Article 103 Patent infringement assessment 
A court of law may form specialized tribunal(s) or assign specific staff  
members to take charge of invention patent litigation cases.  
The Judicial Yuan may designate  specialized institution(s)  to conduct 
patent infringement assessment.  
A court of law in p rocessing a litigation pertaining to an invention patent 
may  request the specialized institution (s) designated  according to the 
preceding paragraph to conduct patent infringement assessment.  
Chapter III  Utility Model Patent 
Article 104 Definition 
"Utilit
y model" means the  creation of technical ideas relating to the shape 
or structure of an article or combination of articles, utilizing the laws of 
nature.  
Article 105 Statutory exclusion 
A ut
ility mo del pa tent shall not be granted if it is contrary to public order 
or morality.  
Article 106 Filing date 
An applic
ation for a utility model patent shall be filed with the Specific 
Patent Agency by the owner of right to apply for a patent  by providing  a 
request  form, a description, claim(s), an abstract, and drawing(s).  
The filing date of a patent application for utility model  shall be the date 
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          - 55 -54 on which the request  form , description, claim(s), and drawing(s) are provided  
in full.  
Where an applicant does not provide  a description, claim(s) and 
drawing(s) in Chinese at the time of filing, but in a foreign language, and 
where the Chinese translation for the said documents is provided  within the 
time period  specified by the Specific Patent Agency, the filing date shall b e 
the date on which the foreign language version is originally provided . 
Where the Chinese translation is not provided  within the specified time 
period  as stated in the preceding paragraph, the patent application shall be 
dismissed; however, if the Chinese  translation is provided  before  the 
dismissal decision is served , the date on which the Chinese translation is 
provided  shall be regarded as the filing date, and the foreign language 
version  shall be deemed not to have  been provided . 
Article 107 Division o f applicat ion 
A patent application for utility model  which substantially contains two or 
more utility models  may, upon notice by the Specific Patent Agency or upon 
request by the applicant, be divided into two or more divisional applications.  
A request for  division shall be made  before a decision on the original 
utility model application is rendered.  
Article 108 Conversion of application  
Where 
a patent application originally filed for invention or design is 
converted into a patent application for utility m odel , or where a patent 
application originally filed for utility model is converted into a patent 
application for invention , the filing date of the original patent application 
shall be deemed to be the filing date of the  converted patent application . 
A request for patent conversion  shall not be made  under any of the 
following circumstances:  
1. after  a written decision allowing the original patent application is 
served;  
2. two  (2) months after the date on which  a written decision rejecting the 
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          - 56 -55 original paten t application for invention or design  is served ; or 
3. thirty (30) days after  the date on which a written  decision rejecting the 
original patent application  for utility model  is served . 
A converted patent application shall not  extend beyond the scope of 
content disclosed in  the description, claim(s), or drawing(s) of the original  
patent application as filed.  
Article 109 Amending patent application 
When c
onducting formality examination of a patent application for 
utility model , the Specific Patent Agency  may , upon request or by ex officio , 
notify the applicant to amend the descrip tion, claim (s) or drawings within a 
specified time period . 
Article 110 F oreign language documents  
The description,  claim (s), and drawing (s) of an application for utility 
model that a re provided in a foreign language pursuant to  Paragraph 3 of 
Article 106 shall not be amended.  
The Chinese translation provided  pursuant to  Paragraph 3 of Article 106 
shall not extend beyond the scope of content disclosed in  the original  foreign 
language  documents as filed . 
Article 111 Decision of Formality Examination 
Upon co
mpletion  of the formality examination of a patent application for 
utility model , a written decision  shall be rendered and served on the 
applicant.  
When a patent application for utility  model is determined to be 
unpatentable  after formality examination , the reason(s) therefor shall be given 
in the written decision . 
Article 112 Formality examination 
A patent 
application for utility model  undergoing  formality 
examination  shall be rejected  under any of the following circumstances : 
1. where the utility model does not relate to the shape , structure of an 
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          - 57 -56 article or combination of articles ; 
2. where there is a violation of Article  105; 
3. where there is a violation of Paragraph 4 of Article 26, applicable 
mutatis mutandis under Article 120; 
4. where there is a violation of Article 33, applicable mutatis mutandis 
under Article 120; 
5. where the description , claim (s), or drawing(s) does not disclose the 
essential matters or the disclosure therein  is obviously unclear ;  
6. where an amendment obviously extends beyond the scope of content 
disclosed in  the description, claim(s) or drawing(s) as  filed . 
Article 113 Grant of patent; publication 
A claimed 
utility model shall be patented if, after formalit y examination , 
there is no event negating its patentability, and the claim(s) and the drawing(s) 
thereof  shall be published.  
Article 114 Patent term 
The t
erm of a utility model patent shall expire after a period of ten (10) 
years starting from the filing d ate. 
Article 11
5 Request for technical evaluation report 
After 
a patent application for utility model   is published, any person 
may file a request with the Specific Patent Agency for a technical evaluation 
report of utility model  patent .  
The Specific Pate nt Agency shall publish in the Patent Gazette the  
request for the technical evaluation report of utility model  patent . 
The Specific Patent Agency shall assign a patent examiner to issue the 
technical evaluation report of utility model  patent , and the repo rt shall bear 
the name of the assigned  patent  examiner .  
In regard of the  request filed pursuant to  Paragraph 1,  the Specific Patent 
Agency shall issue the technical evaluation report of utility model  patent  with 
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          - 58 -57 respect to matters set forth in Subparagrap h 1, Paragraph 1, Paragraph 2 of 
Article 22, applicable mutatis mutandis under  Article 12 0, Article 23 , applicable 
mutatis mutandis under  Article 120, and Article 31 , applicable mutatis mutandis 
under  Article 120.  
In reg ard of  a request  for the technical evaluation report of utility model  
patent  made  pursuant to  Paragraph 1, if stated there in that the utility model 
patent is commercially exploited  by a party other than the patentee and if 
relevant document(s) of proof  is provided , the Specific Patent Agen cy shall 
issue the technical evaluation report of utility model patent  within six  (6) 
months. 
Request for a technical evaluation report of utility model  patent  can still 
be filed after the utility model patent has become extinguished.  
Request filed pursuan t to Paragraph 1 shall not be withdrawn.  
Article 116 Presentation of technical report 
When 
exercising a utility model patent, the patentee shall not make a 
warning without present ing the technical evaluation report of utility model  
patent . 
Article 117 Liability of damages; immunity  
Where 
a utility model patent is revoked , the patentee shall be liable  for 
the damages suffered by another person  due to the patentee’s exercise of 
utility model patent  right  prior to its revocation . The above shall not apply if 
such  exercise  is based on the content of the technical evaluation report of 
utility model  patent  and carried out  with due care. 
Article 118 Post-grant amendment of utility model patent 
With 
respect to examin ing a request for post -grant  amendment, except 
for the situation set forth in  Paragraph 1 of Article 7 7, applicable mutatis 
mutandis  under Article 12 0, the Specific Patent Agency shall conduct formality 
examination  of the post -grant  amendment, render  a written decision  and 
serve it on the p atentee . 
A decision  rejecting  the post -grant  amendment shall be rendered  after 
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          - 59 -58 formality examination under any of the following circumstances : 
1. where there is an event prescribed in Subparagraphs  1 to 5 of Article 
112; or  
2. w
here the post -grant amendment obviously ex tends  beyond the scope 
of content disclosed in  the claim(s) or drawing(s) as published . 
Article 119 Grounds for invalidation action 
Any 
person may request for an invalidation  action  against a utility model 
patent with the Specific Patent Agency under any o f the following 
circumstances:  
1. where there is a violation of Article 104, Article 105,  Paragraph 3 of 
Article 108, Paragraph 2 of Article 110, Article 22  applicable mutatis mutandis  
under Article 12 0, Article 23  applicable mutatis mutandis  under Article  120, 
Article 26 applicable mutatis mutandis  under Article 12 0, Article 31  applicable 
mutatis mutandis  under Article 12 0, Paragraph 4 of Article 34 applicable 
mutatis mutandis  under Article 12 0, Paragraph 2  of Article 43  applicable 
mutatis mutandis  under Article 12 0, Paragraph 3 of Article 44  applicable 
mutatis mutandis  under Article 12 0, Paragraphs 2 to 4 of Article 67  applicable 
mutatis mutandis  under Article 12 0 of this Act;  
2. where the home country of the patentee does not accept patent 
applications filed by ROC nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or where the 
utility model patentee is not the owner of the right to apply for a utility model 
patent . 
An invalidation action  based on Subparagraph  3 of the preceding 
paragraph shall only be filed by the interested party . 
With respect to the ground(s) for an invalidation action  against a utility 
model patent, the provisions  in effect at the time of the said patent being 
approved shall govern . However,  if an invalidation request is filed based on 
violation of the ground(s) under Paragraph 3 of Article 108, Paragraph 4 of 
Article 34  applicable mutatis mutandis  under Article 12 0, Paragraph 2 of 
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          - 60 -59 Article 43 applicable mutatis mutandis  under Article 12 0, or Paragraph 2 and 
para graph 4 of Article 67 applicable mutatis mutandis  under Article 12 0, the 
provisions in effect at the time of  filing the said request shall govern.  
A written decision on an invalidation action  shall bear the names of the 
patent examiners.  
Article 120 Provisions applied mu tatis mutandis to utility model patent 
Artic
le 22, Article  23, Article  26, Articles 28 to 31, Article  33, Paragraphs  3 
and 4 of Article 3 4, Article  35, Paragraph s 2 and 3 of Article 4 3, Paragraph  3 of 
Article 44, Paragraph 2 of Article 46, Paragraph 2 of Article 47, Article 5 1, 
Paragraphs 1, 2 and 4 of Article 52, Paragraphs 1, 2, 4 and 5 of Article 58, 
Article 59, Articles 62 to 65, Article 6 7, Paragraph s 2 and 3 of Article 68 , 
Article 69, Article 7 0, Articles 72 to 82, Articles 84 to 98 , and Articles 100 to 103 
shall apply mutatis mutandis  to utility model patent.  
Chapter IV  Design Patent 
Article 12 1 Definition of design 
"Design" means the creation made in respect of the shape, pattern, color, 
or any combination thereof, of an article as a whole or in part by visual 
appeal.  
For computer generated icons (Icons) and graphic user interface (GUI) 
applied to an article, an application may also be filed pursuant to this Act for 
obtaining a design patent. 
Article 122 Substantial conditions  
A design  which is industrially applicable may be granted  a design patent 
upon application in accordance with this Act, provided any of the following  
does not exist : 
1. an identical or similar design was disclosed in a printed publication 
prior to the filing of the  patent application ; 
2. an identical or similar design was publicly exploit ed prior to the filing 
of the patent application ; or 
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          - 61 -60 3. the design  was  known  to the public  prior to the filing of the patent 
application . 
A design that is without the circumstances  prescribed in the preceding 
paragraph but can be easily conceived  by a person ordinarily skilled in the art  
based on prior art  shall not be patented . 
Any of the following events shall not be deemed as one of the 
circumstances prescribed in Paragraph 1 or the preceding paragraph, which 
may preclude the grant  of a design patent , provided that the concerned patent 
application for design  is filed within six (6) months after  the date of the 
event's occurrence : 
1. the design was disclosed in a printed publicatio n;  
2. the design was displayed  at an exhibition held  or recognized by the 
government; or 
3. the design was disclosed without the consent of  the applicant . 
An applicant claiming  the occurrence  of the events  as set forth  in 
Subparagraphs  1 and 2 of the prec eding paragraph shall state  the fact  and the 
relevant dat e in the patent application at the time of filing  and provide  
document (s) of proof  within the time period  specified by the Specific Patent 
Agency . 
Article 123 Design deemed as lack of novelty 
Where a  des
ign claimed  in a patent application for design  is identical or 
similar to a design disclosed in th e description or drawing (s) of an 
earlier -filed patent application for design  which is published after the filing of 
the later -filed patent application fo r design , the design patent shall not be 
granted ; however, this shall not apply where the applicant of the later -filed  
patent application for design  is also the applicant of the earlier -filed patent 
application for design . 
Article 12 4 Statutory exclusion  
A design patent shall not be granted in respect of any of the following:  
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          - 62 -61 1. the shape of an article  solely dictated by its function ; 
2. fine arts ; 
3. the layout of integrated circuit s and electronic circuits; or 
4. an article contrary to public order or morality. 
Article 125 Filing date 
A patent  application for design shall be filed with the Specific Patent 
Agency by the owner of the right to apply for a patent by providing  a request  
form , description and drawing (s). 
The filing date of a patent application f or design  shall be the day on 
which the request  form, description and drawing (s) are provided  in full.  
Where an applicant does not provide  a description and drawing (s) in 
Chinese  at the time of filing, but in a foreign language, and where the Chinese 
trans lation for the said documents is provided  within the time period  
specified by the Specific Patent Agency, the filing date shall be the date on 
which the foreign language version is originally provided . 
Where the Chinese translation is not provided  within t he specified time 
period  as stated in the preceding paragraph, the patent application for design  
shall be dismissed; however , if the  Chinese translation is provided  prior to the 
dismissal decision is served , the date on which the  Chinese translation is 
provided  shall be regarded as the filing date, and the foreign language  
version  shall be deemed not to have  been provided . 
Article 126 Disclosure 
The des
cription  and drawing (s) shall fully  disclose the design in a 
manner clear and sufficient for it to be  unde rstood and carried out by a 
person ordinarily skilled in the art of the design . 
The m anner s of disclosure for description and drawing (s) shall be 
prescribed in the Enforcement Rules of the Patent Act. 
Article 127 Appl
ication and restriction of derivative design patent 
Fo
r two or more similar designs owned by the same person, applications 
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          - 63 -62 may be filed for a design patent and its derivative design patent (s).  
The filing date of a patent application for derivative design  shall not  be 
earlier than the filing da te of the original patent application for design . 
A patent application for derivative design  filed after the publication of 
the original design patent  is not acceptable . 
An applicant  shall not file a patent applicati on for derivative design 
patent if the d esign therein is only similar to another derivative design patent 
but not to the original de sign patent.  
Article 128 First- to-file principle 
Whe re 
two or more patent applications are filed for the same or similar 
design(s), only the earlier-filed application can be granted. The above shall 
not appl
y if the priority date claimed for the later-filed application is earlier 
than the filing date of the earlier application. 
Where 
the filing date and the priority date referred to in the preceding 
paragraph are the same, the applicants shall be notified to reach an agreement 
with respect to the matter concerned. If such an agreement cannot be reached, 
none of the applications shall be granted. If the said patent applications are 
filed by the same applicant, the applicant shall be notified to select one patent 
application within a specified time period; failure to make a selection within 
the tim
e period shall result in the rejection of all such patent applications. 
While t
he applicants concerned are in the process of reaching an 
agreement, the Specific Patent Agency shall require that these applicants 
report the results of the negotiation within an appropriate time period. If the 
said report is not provided within the specified time period, it shall be 
deemed that the agreement has not been reached. 
The above t
hree paragraphs shall not apply to any of the following:  
1. the applications for the original design and its derivative design(s); or 
2. the applications for two or more derivative designs that originate from 
the same design. 
IP/N/1/TPKM/P/3 
 
          - 64 -63 Article 1 29 Unity ; design for a set of articles  
An application for a design patent shall relate to one design.  
Two or more articles belonging to the same class and are customarily 
sold or used together may be filed as o ne design. 
A patent application for design shall indicate the article to which the 
design is applied. 
Article 13 0 Division  of application  
A patent application for design  that substantially contains two or more 
designs may , upon notice by the Specific Patent Agency or upon reques t by 
the applicant , be divid ed into two or more divisional applications.  
A request for division  shall be made  before a reexamination decision on 
the original application is  rendered.  
Examination of  a d ivisional patent application  shall resume the 
completed  procedure  of the original patent application . 
Article 13 1 Conversion between design patent and derivative design  patent  
Whe re a patent application for design  is converted into a patent 
application for derivative design  or where a  patent application for derivative 
design  is converted into a  patent application for design , the filing date of the 
original  patent application  shall be deemed to be the filing date of the 
converted  patent application . 
A request for the conversion  shall not be made  under any of the  
following circumstances:  
1. after a  written decision allowing  the original application is served;  or 
2. two (2) months from after the da te on which a written decision 
rejecting the original application is served . 
A converted  patent application for design  or derivative design  shall not 
extend beyond the scope of content disclosed  in the description  or drawing (s) 
of the original  application  as filed . 
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          - 65 -64 Article 132 Conversion into design patent 
Where an  application originally filed for invention or utility mode l patent 
is converted into a patent application for design , the filing date of the original 
application shall be deemed to be the filing date of the converted patent 
application for design . 
A request for the conversion  shall not be made under an y of the 
following circumstances : 
1. after  a written decision  allow ing the original patent application is 
served;  
2.  two (2) months  after  the da te on which a written decision rejecting 
the original patent application  for invention is served ; or  
3. thirty (30) days after  the da te on which a written decision rejecting the 
original patent application  for utility model is  served.  
A converted patent application shall not extend beyon d the scope of 
content disclos ed in the description , claims, or drawings  of the original  patent 
application as filed . 
Article 13 3 Foreign  language document s 
The description  and drawing (s) provided in a foreign language pursuant 
to Paragraph 3 of Article 125 shall not be amended.  
The Chinese translation provided  pursuant to  Paragraph 3 of Artic le 125  
shall not extend beyond the scope  of content disclosed in  the original foreign 
language  documents as filed.  
Article 134 Grounds for rejection decision 
When a pate
nt application for design  is in violation of any of the 
provisions set forth in Article s 121 to 124, Article 12 6, Article 12 7, Paragraphs 
1 to 3 of Article 1 28, Paragraphs 1 and 2 of Article 1 29, Paragraph 3 of Article 
131, Paragraph 3 of A rticle 13 2, Paragraph 2 of Article 13 3, Paragraph 4 of 
Article 34 applicable mutatis mutandis  under Par agraph 1 of Article 14 2, 
Paragrap h 2 of Article 43 applicable mutatis mutandis under Paragraph 1 of 
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          - 66 -65 Article 14 2, and Paragraph 3 of Article 4 4 applicable mutatis mutandis under 
Paragraph 1 of Article 14 2 of this Act, a decision of rejection shall be render ed. 
Article 135 Patent term 
The ter
m of a  design patent shall expire after a period of twelve (12) years 
from the filing date of the application.  A derivative design patent shall expire 
simultaneously with the original design patent.  
Article 136 Effects of design patent right 
Unless 
otherwise provided in this Act, the patentee of a design patent has 
the exclusive right to prevent other s from exploiting  the design or similar 
design(s) without the patentee’s consent . 
The extent of the protection conferred by  a design patent shall be 
determined by  the drawing (s), and the description  may be considered as a 
reference . 
Article 137 Claim of derivative design patent 
The r
ight of a derivative design patent may  be claimed independently, 
and its effect shall be extende d to the scope of similarity.  
Article 1 38 Dispos al of derivative design patent  
A derivative design  patent right shall be assigned, entrusted, inherited, 
licensed or pledged  along  with its original design patent.  
Where the  original design  patent right  becom es extinguished or is 
revoked  finally and bindingly pursuant to  Subp aragraph 3 or 4, Paragraph 1 
of Article 7 0 applicable mutatis mutandis  under  Paragraph 1 of Article 14 2, the 
two or more  derivative design  patent s that are still in force  shall not be 
separately assigned, entrusted, inherited, licensed, or pledged . 
Article 139 Post-grant amendment of design patent  
The pate
ntee filing a request  for amending the description or drawing (s) 
of a granted design patent shall only conduct the following s: 
1. to co rrect er rors or translation  error s; or 
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          - 67 -66 2. to clarify ambiguous statement.  
Except for correction of translation  errors , a post -grant amendment shall 
not extend beyond  the scope of content disclosed in  the description or 
drawing (s) as filed . 
For a patent app lication for design  filed by providing  the description and 
drawing (s) in a foreign language  pursuant to Paragraph 3 of Article 125, 
correction of translation  error s shall not  extend  beyond  the scope of content 
disclosed in the original  foreign language documents as filed . 
A post -grant amendment shall not substantially enlarge or alter the scope 
of drawing (s) as published . 
Article 140 Restriction on abandoning design patent right 
A 
design patentee shall not abandon his/her design patent right without 
consent  from  the licensee(s) or pledgee(s).  
Article 141 Grounds for invalidation 
Any 
person may request for an invalidation action against a design 
patent with the Specific Patent Agency under any of the following 
circumstances:  
1. where there is a violation of a ny of the provisions set forth in  Articles 
121 to 124, Article 12 6, Article 12 7, Paragraphs 1 to 3 of Article 1 28, Paragraph 
3 of Article 13 1, Paragraph 3 of Article 13 2, Paragraph 2 of Article 13 3, 
Paragraphs 2 to 4 of Article 1 39, Paragraph 4 of Article 34 applicable mutatis 
mutandis  under Paragraph 1 of Article 14 2, Paragraph 2  of Article 43 
applicable mutatis mutandis under Paragraph 1 of Article 14 2 and Paragraph 3 
of Article 4 4 applicable mutatis mutandis under Paragraph 1 of Article 14 2; 
2. where th e home country of the patentee does not accept patent 
applications filed by ROC nationals; or 
3. where there is a violation of Paragraph 1  of Article 12 or where the 
design patentee  is not the owner of the right to apply for a design patent . 
An invalidati on action  based on Subp aragraph  3 of the preceding 
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          - 68 -67 paragraph shall only be filed by the interested party . 
With respect to the ground(s) of an invalidation action  against a design 
patent, the provisions  in effect at the time of the said patent being approve d 
shall govern . However,  if an invalidation action  is filed based on the ground(s) 
under Paragraph 3 of Article 13 1, Paragraph 3 of Article 13 2, Paragraph s 2 
and 4 of Article 1 39, Paragraph 4 of Article 34 applicable mutatis mutandis 
under  Paragraph 1, Art icle 14 2, or Paragraph 2 of Article 4 3 applicable mutatis 
mutandis under  Paragraph 1, Article 14 2 of this Act, such invalidation action 
shall be governed by the provisions in effect at the time of  filing the said 
action . 
Article 142 Provisions applied mu tatis mutandis  to design patent 
The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, 
Article 35, Article 36, Article 42, Paragraphs 1 to 3 of Article 43, Paragraph 3 of 
Article 44, Article 45, Paragraph 2 of Article 46, Article 47, Art icle 48, Article 
50, Paragraphs 1, 2 and 4 of  Article 52, Paragraph 2 of Article 58, Article 59, 
Articles 6 2 to 65, Article 68, Article 7 0, Article 7 2, Paragraphs 1, 3 and 4 of 
Article 7 3, Article s 74 to 78 , Paragraph 1 of Article 7 9, Article s 80 to 82 , 
Articles 84 to 86 , Article s 92 to 9 8, and Articles 100 to 103 shall apply mutatis 
mutandis  to design patent.  
In the case of  a patent application for design , the time period  specified in 
Paragraph 1 of Article 2 8 shall be six  (6) months.  
In the case of a pate nt application for design , the time period  specified in 
Paragraphs 2 and 4 of Article 2 9 shall be ten (10) months.  
Chapter V Supplementary Provisions 
Article 143 Preservation of patent files 
Pat
ent files such as a pplication documents, description, claim (s), abstract , 
drawing(s)  shall be kept permanently in the custody of the Specific Patent 
Agency . Oth er documents shall be kept  for a period  of no more than  thirty (30) 
years.   
The patent files referred to in the preceding paragraph may be stored on 
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          - 69 -68 microfilm, magnetic disc, magnetic tape, optical disc or other storage media . 
The files thus stored , whose  record of storage has been  confirmed by the 
Specific Patent Agency , shall be deemed to be the original files, and the 
original hard copy of such patent files may be destroyed. A reproduced copy 
of the stored patent file shall be deemed to be  a true copy upon confirmation 
by the Spe cific Patent Agency.  
Regulations  governing confirmation, administration, and use of the 
substitutes for stored files referred to in the preceding paragraph shall be 
prescribed by the competent authority.  
Article 144 Prescription of regulations governing awards for creations 
The 
competent authority may prescribe the regulations governing 
awards for the creations of inventions , utility model s, or design s. 
Article 145 Prescription of regulations governing submission of foreign 
language
 documents 
With respect t o foreign language documents provided  pursuant to 
Paragraph 3 of Article 25, Paragraph 3 of Article 10 6, and Paragraph 3 of 
Article 125, the competent authority shall prescribe regulations governing the 
types  of foreign language s and other matters . 
Article 146 Prescription of regulations governing fees 
With r
espect to the application fee, patent certificate  fee and annuit y set 
forth in Article 9 2, Article 9 2 applicable mutatis mutandis  under  Article 12 0, 
and Article 9 2 applicable mutatis mutandis under  Para graph 1 of Article 14 2, 
the competent authority  shall prescribe regulations governing the methods of 
collection therefor . 
With respect to  the reduction or exemption of patent annuities  as set 
forth in Article 9 5, Article 9 5 applicable mutatis mutandis  under Article 12 0, 
and Article 9 5 applicable mutatis mutandis under  Paragraph 1 of Article 14 2, 
the competent authority  shall prescribe regulations governing the conditions, 
number of years, amount, and other matters  therefor . 
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          - 70 -69 Article 147 Transitional provisi ons: patent term extension 
A patent application filed before January 23, 1994 shall not apply for 
patent term extension under Article 53.  
Article 148 Transitional provisions: patent term 
With 
respect  to a patent that is published prior to the implementatio n of 
the January 21, 1994, amendment of this Act, the patent term thereof shall be 
calculated in accordance with the Patent Act in effect prior to the 1994 
amendment. However, for an invention patent  that is still in force on the date  
when  the WTO Agreemen t took effect in the territory of the ROC, the patent 
term thereof shall be governed by the amended Act.  
For a utility model patent that is published  prior to  the implementation 
of the January  3, 2003, amendment of this Act, the patent term thereof shall be 
governed by the Patent Act  in effect prior to the amendment . 
For a design patent that is still in force on the date when the WTO 
Agreement takes  effect in the territory of the ROC, the patent term shall be 
governed by the May 7, 1997, amendment of the P atent A ct. 
Article 149 Transitional provisions: pending cases 
Unless
 otherwise provided for in the Act, for a patent application which 
is still pending at the time of  the implementation of  the November 29, 2011, 
amendment of this Act, the amended Patent Ac t shall govern.  
With respect to  a request for post -grant  amendment  and invalidation 
action which is still pending at the time of  the implementation of  the 
November 29, 2011, amendment  of this Act, the amended Patent Act shall 
govern.  
Article 150 Transitional provisions: Priority claim based on earlier 
applicat
ion; division 
With respect t o a patent application  for invention or utility model which 
is filed prior to the implementation of the November 29, 2011, amendment of 
this Act with priority claim made pursuant to  the former  Article 29, if the 
prior patent application ha s not been published or the decision  of reject ion 
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          - 71 -70 has not become final and binding , Paragraph 1 of Article 30 shall apply.  
With respect to  an examination decision regarding patent applicatio n for 
invention  rendered prior to the implementation of the November 29, 2011,  
amendment to this Act, if the time period  stated in Subp aragraph  2, 
Paragraph 2 of Article 34 has not expired, Subp aragraph  2, Paragraph 2 and 
Paragraph 6 of Article 34 shall ap ply. 
Article 151 Transitional provisions: grace period; design patent 
Subp ar
agraph 2, Paragraph 3 of Article  22, Subp aragraph 2, Paragraph 3 
of Article  22 applicable mutatis mutandis  under  Article 12 0, Paragraph 1 of 
Article 121,  which pertains to partial design  of articles , Paragraph 2 of Article 
121, Subp aragraph 1, Paragraph 3 of Article 122, Article 12 7, and Paragraph 2 
of Article 1 29 shall be applicable only to patent applications filed  after the 
impl ementation of the November 29, 2011, amendmen t of th is Act.  
Article 152 Transitional provisions: deposit of biological material 
In r
espect o f a patent application  for invention  that violat es the former 
Paragraph 2, Article 30  and the deposits therefor is deemed not to have been 
made before  the implementatio n of the November 29, 2011, amendmen t, if the 
application  is still pending  at the time of the implement ation , Paragraph 2 of 
Article 27 shall  apply. For a  patent application  to which priority claim is made , 
if the time period of sixteen  (16) month  after the earliest priority date has not 
expired , Paragraph 3 of Article 27 shall apply . 
Article 153 Transitional provisions: Priority claim under WTO membership, 
etc.
 
In respec t of a patent application that , prior to the implementation of the 
November 29, 2011, a mendmen t of this Act, violate s the former  Paragraph 1 
of Article 28, Paragraph  1 of Article 28 applicable mutatis mutandis  under  
Article 108, or Paragraph 1 of Article 28 applicable mutatis mutandis  under  
Paragraph 1 of Article 129 of this Act, and therefo re cannot claim priority 
pursuant to the  former Paragraph 3 of Article 28, Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Article 108 , or Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Paragraph 1 of Article 129 of this Act, in th e 
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          - 72 -71 event that  the patent application  is still pending at the time of the 
implementation , if, with respect to a patent application for invention and 
utility model , the period of sixteen  (16) month s after the earliest priority date 
has not expired , and if, wi th respect to  a patent application  for design , the 
period of ten (10) months after  the earliest priority date  has not expired , 
Paragraph 4 of Article 29, Paragraph 4 of Article 29 applicable mutatis 
mutandis  under  Article 12 0, and Paragraph 4 of Article 29  applicable mutatis 
mutandis under  Paragraph 1 of Article 14 2 shall apply . 
In respect of a patent application that , prior to the implementation of the 
November 29, 2011, amendmen t of this Act, violate s the former  Paragraph 2 
of Article 28, Paragraph  2 of Article 28 applicable mutatis mutandis  under  
Article 108 , or Paragraph 2 of Article 28 applicable mutatis mutandis  under  
Paragraph 1 of Article 129 of this Act, and therefore  cannot  claim priority 
pursuant to the  former Paragraph 3 of Article 28, Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Article 108, or Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Paragraph 1 of Article 129 of this Act, in the 
event that  the patent application is still pending at the time of the 
implementatio n, if, with respect to  a patent application  for invention and 
utility model , the period of the sixteen  (16) month s period after  the earliest 
priority date has not expired , and if, with respect to  a patent application  for 
design , the period of ten (10) mont hs after  the earliest priority date  has not 
expired , the provisions of Paragraph 2 of Article 29, Paragraph 2 of Article 29 
applicable mutatis mutandis  under  Article 12 0, and Paragraph 2 of Article 29 
applicable mutatis mutandis under  Paragraph 1 of Articl e 142 shall apply . 
Article 154 Transitional provisions: request for patent term extension 
In resp
ect of a request for invention patent term extension  that is filed  
prior to the implementation of  the November 29, 2011, amendmen t of this Act , 
if the decision  has not been issued for such  a request and if the invention 
patent is still in force at the time of the implement ation , the amended Act 
shall govern . 
Article 155 Transitional provisions: no revival of extinguished patent right 
If any 
of the following even ts exists at the time of  the implementation of  
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          - 73 -72 November 29, 2011, amendmen t of this Act,  Paragraph 4 of Article 52, 
Paragraph 2 of Article 7 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis under  Article 12 0, Paragraph 2 of Article 7 0 applicable mutatis 
mutandis under  Article 12 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis under  Paragraph 1 of Article 14 2, and Paragraph 2 of Article 7 0 
applicable mutatis mutandis under  Paragraph 1 of Article 14 2 shall  not apply : 
1. where, at the time of  the said implementation , the time period  for 
payment of  annuity has expired and the patent  concerned  has become 
non- existent ab initio pursuant to  the former Paragraph 1 of Article 51, 
Paragraph 1 of Article 101, or Paragraph 1 of Article 113 of this Act; or 
2. where, at the time of  the said implementation , a patent has become  
extinguished  pursuant to the  former Subp aragraph 3 of Article 66, 
Subp aragraph 3 of Article 66 applicable mutatis mutandis under  Article 108, or 
Subp aragraph 3 of Article 66 applicable  mutatis mutandis under  Paragraph 1, 
Article 129 of this Act. 
Article 15 6 Transitional provisions : pending patent application for design  
In respect of a patent  application for design that is still pending  at the 
time of the implementation of the November 29, 2011 , amendmen t of this Act,  
the applicant may , within three  (3) months after the implementation , file a 
request  to convert it to a patent application  for partial design.  
Article 1 57 Transitional provisions : pending patent application for 
associated design 
In respect of a patent application for associated design that is still 
pending at the time of  the implementation of the November 29, 2011, 
amendmen t of this Act,  the provisions of this Act prior to amendment with 
respect to associated design  patent  shall apply . 
In respect of a patent application for associated design that is still 
pending  at the time of the implementation of the November 29, 2011, 
amendmen t of this Act, if the patent application for associated design is filed 
prior to the publication of its original patent application for design, the 
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          - 74 -73 applicant may file a request to convert it to  a patent application for derivative 
design within three (3) months after the implementation of the amended Act. 
Artic
le 158 Prescription of Enforcement Rules 
The Enforcement Rules of this Act shall be prescribed by the competent 
authority.  
Article 1 59 Date of implementation  
The date on which this Act takes effect shall be decided by the Executive 
Yuan.  
The May 31, 2013 amendment of this Act is to be implemented on  the 
date of its promulgation . 
 
 
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