IP/N/1/TPKM/7  
IP/N/1/TPKM/P/6  
 
11 March 2015  
(15-1388)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
   
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
 
CHINESE TAIPEI: ENFORCEMENT RULES OF THE PATENT ACT 
Notifying Member CHINESE TAIPEI 
 
Details of the notified legal text 
 
Title  
 Enforcement Rules of the Patent Act 
Subject matter Patents 
Nature of 
notification  Main dedicated intellectual property law or regulation  
  Other law or regulation 
 
Link to legal text http://members.wto.org/crnattachments/2015/IP/CHT/15_0938_00_e.pdf  
 
http://members.wto.org/crnattachments/2015/IP/CHT/15_0938_00_x.pdf  
 
Notification status  First notification 
 Amendment or revision to notified legal text 
 Replacement or consolidation of notified legal text(s) 
 
Previous 
notification(s) referred to IP/N/1/TPKM/E/3-IP/N/1/TPKM/P/4  
IP/N/1/TPKM/I/2  
 
Brief description of the notified legal text  
The amendment was aimed at clarifying certain doubts in practices and coordinating with the 
amended Patent Act of June 11, 2013. Key revisions to the Rules are: 
 Clarifying the calculation of grace period: A grace period should be calculated up until the date 
on which a filing date is obtained for a patent application with all the necessary documents. In other words, an applicant that files a patent application within the grace period but lacks the 
necessary documents to obtain a filing date will not be entitled to the interests of the grace 
period. 
 Clarifying the continuation of patent rights: In principle, the same applicant filing an invention 
patent application and a utility model patent application in respect of the same creation on the 
same date will first obtain the utility model patent right. This right will then become extinguished on the publication date of the invention patent. However, the approved invention patent will not be published if the utility model patent becomes extinguished and then falls 
within the public domain following the approval and prior to the publication of the invention 
patent. IP/N/1/TPKM/7 • IP/N/1/TPKM/P/6 
 
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 A new provision aimed at avoiding double pate nting: The applicant that claims priority 
based on an earlier application filed with TIPO and then pays fees to request its publication 
should make a selection between the claim and the publication and notify TIPO of the 
selection to avoid double patenting.  
 
Language(s) of notified text English and Chinese 
Date of adoption 6 November 2014  
Entry into force 8 November 2014 
 
Notification details  
Submission date 
of notification  5 and 12 February 2015 
Other information  
 Patent applications are examined and patents granted under the Patents 
Act and the Patents Regulations by the Intellectual Property Office (TIPO), an administrative agency of the Ministry of Economic Affairs. 
Website:  http://www.tipo.gov.tw/  
Contact email address:  ipogp@tipo.gov.tw  
 
Agency or 
authority 
responsible Ministry of Economic Affairs 
15 Fuzhou St. 
Taipei, 10015 
Taiwan 
Phone:  +886 2 2376 6141 
Fax: +886 2 2737 3183 
Website:  http://www.moea.gov.tw/  
 
 
 
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