IP/N/1/TPKM/P/4  
IP/N/1/TPKM/E/3  
 
28 January 2014  
(14-0490)  Page: 1/36  
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 Enforcement Rules of the Patent Law, as last 
amended on 9 November 2012, and which entered into force on 1 January 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 du Règlement d'application de la Loi sur les brevets, 
modifié en dernier lieu le 9 novembre 2012, entré en vigueur le 1er janvier 2013 et notifié 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 del Reglamento de aplicación de la Ley de 
Patentes, modificado por última vez el 9 de noviembre de 2012 y que entró en vigor el 1° de enero 
de 2013, notificado 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 solamente. Las delegaciones interesadas podrán consultar en la Secretaría de la OMC el texto en su idioma original.  IP/N/1/TPKM/P/4 • IP/N/1/TPKM/E/3 
 
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  PP 3-36 - Offset (Pdf file attached) 
PP 3 à 36 - Offset (fichier Pdf joint) PP 3-36 - Offset (fichero Pdf adjunto)   
1 
 Enforcement Rules of the Patent Act  
 
1. Announced on Sept ember  26, 1947; entered into force on Jan uary  1, 1949  
2. Amended on Aug ust 16, 1958  
3. Amended on Aug ust 22, 1973  
4. Amended on Oct ober  2, 1981  
5. Amended on Apr il 18, 1986 
6. Amended on July 10, 1987  
7. Amended on Oc tober  3, 1994  
8. Amended on Nov ember  6, 2002  
9. Amended on Apr il 7, 2004; effect ive on July 1, 2004  
10. Amended on Aug ust 19, 2008  
11. Amended on Nov ember  16, 2010  
12. Amended on Nov ember  9, 2012; entered into force on Jan uary  1, 2013  
IP/N/1/TPKM/P/4 • IP/N/1/TPKM/E/3 
 
                         - 3 - 
2 
  
General Description  of the Amendment to Enforcement Rules of the Patent 
Act 
The Enforcement Rules of the Patent Act (hereinafter referred to as the Rules) 
were first enacted and promulgated on September 26, 1947, and later enforced 
on January 1, 1949. The Rules had been amended for ten times and the most 
recent
 amendment was promulgated on November 16, 2010. 
The new
ly-amended Patent Act (hereinafter referred to as the Act) was 
promulgated on December 21, 2011. In light of the comprehensive 
amendment to the Act and in order to meet the requirements of examination 
practices, the Rules are amended correspondingly. After seven public 
hearings on draft amendment to the Rules, comments from various sectors 
are taken into consideration, and the Amendment to the Rules is thus made.  
The main points of amendment are as follows: 
1. Chapters are rearranged. 
The ar
chitecture of the Rules is rearranged, divided into six chapters, 
namely the General Provisions, Application and Examination of 
Invention Patent, Application and Examination of Utility Model Patent, 
Application and Examination of Design Patent, Patent Rights, and 
Supplementary Provisions; the contents of the provisions are formulated 
in accordance with such Chapter sequence. For provisions of the 
same nature, rules prescribed for inventions apply mutatis mutandis  to 
utility models and designs. 
2. Actions requiring special empowering to an agent are specifically 
prescr
ibed. 
Provisions requiring special empowering, namely designating or 
discharging an agent, withdrawing patent applications, or abandoning 
patent right
s are added. (Rule 10) 
3. Related provisions are added and revised in light of the changes of 
patent requirements. 
In light of the changes of patent requirements, provisions related to the 
date for determining patentability as well as definitions of printed 
publication, person ordinarily skilled in the art, and action subjects are 
revised. (Rules 13 to 15) 
4. Formats of various forms are revised or formulated. 
The forms for patent applications for invention or design, division, 
amendments, correction to translation errors, post-grant amendments, 
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                         - 4 - 
3 
 and initiating invalidation actions are revised or formulated; the items 
that should be specified therein and the documents that should be 
accompanied to the respective forms are also specifically prescribed. 
(Rules 16, 28, 36, 37, 70, and 72) 
5. Items that should be specified in a  description are revised. 
With r
eference to international legislations and in light of the 
amendments regarding the disclosure requirements under the Act, the 
items that should be specified in a description are revised. (Rule 17) 
6. Provisions related to missing parts of description and drawings are 
amended.  
With reference to international legislations, the principles in determining 
filing date in the event that parts of the description or drawings are 
miss
ing are amended; respective provisions are prescribed according to 
the differences in applying such principles to patent applications for 
invention, utility model, and design. (Rules 24, 40 and 55) 
7. Supplementary provisions related to priority documents are amended. 
In light 
of the current practices, provisions related to submission of 
priority documents are added. Provisions related to deeming the priority 
document
s to have been submitted where the priority documents have 
been exchanged between the Specific Patent Agency and the receiving 
patent authority of a country which reciprocally recognizes ROC-based 
priority claims or a WTO member by means of electronic communication 
as a resu
lt of agreements are also added. (Rule 26) 
8. Supplementary provisions related to requesting for division after the 
service of approval decision of examination for a patent application for 
invention are added. 
In light of the introduction of the system permitting requesting for 
division after the service of approval decision of examination for a patent 
application for invention in the Act, provisions specifically prescribing 
that the divisional patent application should be on the basis of technical 
disclosure in the original application or drawings, and that the 
description, claims, and drawings of the original application cannot be 
altered as a result of the division are added. (Rule 29) 
9. Provisions  permitting correction s made ex officio  to obvious error(s) by 
the Specific Patent Agency are added. 
With r
eference to international legislations, provisions permitting 
corrections made ex officio  by the Specific Patent Agency for obvious 
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                         - 5 - 
4 
 error(s)  in documents submitted for a patent application are added so as 
to facilitate examination. (Rule 35) 
10. Provisions with respect to documents to be submitted in requesting for 
amendment and their formats are added. 
In or
der to improve the quality and efficiency of patent examination, 
items to be specified in the request form for amendment and the 
documents to be submitted as well as their formats in requesting for 
amendment are specifically prescribed. (Rule 36) 
11. Provisions with respect to documents to be submitted in requesting for 
correction to translation errors and their formats are added. 
In light 
of the introduction of the system permitting correction to 
translation errors in the Act and the distinctness involved in the 
examination of translation errors, as compared to examination of 
amendments or post-grant amendment, procedural provisions related to 
the request for correction to translation errors are prescribed separately. 
(Rule 37) 
12. Provisions  related to documents regarding filing a patent application for 
design are amended. 
In light 
of the expansion in patentable subject matter for a design patent 
in the Act, the items to be specified in the application form and 
description  as well as provisions related to drawings are amended. 
(Rules 49 to 54) 
13. Items to be specified i n a request form for recordation of licensing of a 
patent right are added. 
In light of the provisions prescribing that the licensing of a patent right 
may be one of exclusive or non -exclusive nature and may be sub-licensed 
in the Act, the items to be specified in the request form for recordation 
and the sub-licensed scope are added. (Rules 65 to 66) 
14. Documents to be submitted and their formats in requesting for post-grant 
amendm
ent are revised. 
In order to clearly show the scope of claims in post-grant amendment, the 
items to be specified in the request form as well as the documents to be 
submitted and the ir format s in requesting for post-grant amendment are 
specifically prescribed. Since rearranging the claim sequence may 
lead to an improper result, such as variance in intepretation of the claim 
scope, it is specifically prescribed that upon publication of a patent, the 
claim seqeunce may not be further rearranged. (Rule 70) 
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                         - 6 - 
5 
 15. Provisions related to invalidation actions are amended. 
In light 
of the reform of invalidation system in the Act, precedural 
prov
isions related to invalidation statement, consolidation of invlaidatoin 
pro
ceedings and a request for post-grant amendment, and consolidation 
of proceedings for multiple invalidation actions, and provisions related 
to the details and techniques invovled in the the decision for an 
invalidation action and the formulation of an examination plan are 
prescribed. (Rules 72 to 76) 
16. Items to be specified in the written decision approving compulsory 
licensing are added. 
In order to ensure that the licensee obtaining a compulsory license 
comp
lies with the provisions of being “ authorized predominantly for the 
supply of domestic market,”  it is specifically prescribed that the Specific 
Pat
ent Agency shall require the licensee in the written decision 
approving compulsory licensing to disclose the information with respect 
to the implementation o f the patent right in an appropriate manner. (Rule 
78) 
17. Items to be published upon approval of a request for post-grant 
amendment and upon a decision for an invalidation action are added. 
(Rules 84 to 85) 
18. Transitional clauses for the use of the old and new forms are added. 
Due to the addition of various provisions with resepct to the formats of 
forms i n this amendment of the Rules, the principles for the use of the old 
and new
 forms in scenarios where the submission, completion, and 
examination of an application would cross over the implementation date 
of the amendm
ent to the Act are specifically prescribed. (Rule 88) 
19. The 
date for determining patentability of a patent application for design 
claiming “computer generated icons (Icons) and graphic user interface  
(GUI) applied to an article” and “a set of articles” is added. 
In light of the introduction of provisions permitting applications to cover 
“computer generated icons (Icons) and graphic user interface (GUI) 
applied to an article” and “a set of articles” in the Act, where any priority 
is claimed, the priority date shall not predate the implementation date of 
the amendment to the Act; where the priority date predates the 
implement
ation date of the amended  Act, the implementation date of the 
Act shall be regarded as the priority date. (Rule 89)  
IP/N/1/TPKM/P/4 • IP/N/1/TPKM/E/3 
 
                         - 7 - 
6 
 Chapter 1  General Provisions  
Rule 1  
These Enforcement Rules are formulated pursuant to Article 158 of the Patent 
Act (hereinafter referred to as the Act).  
Rule  2 
Any application  to be filed pursuant  to the Act and these  Enforcement Rules 
shall, except that to be filed by electronic means pursuant to Article 19 of the 
Act, be in written form and shall be affixed with the signature or seal of the 
applicant, or the signature or seal of the patent agent  appointed by the 
appl icant.  The Specific Patent Agency  may, as it deem s necessary, request the 
applicant  to submit the document (s) proving the identity of the natural or 
juristic person . 
Any application to be filed in written form pursuant to the Act and these 
Enforcement Rule s shall use the written forms designated by the Specific 
Patent Agency ; the formats and number  of copies  thereof  shall be prescribed 
by the Specific Patent Agency . 
Rule  3 
Where  the Chinese translation of technical terminology has been made by the 
National Academy for Educational Research, such official translation shall 
prevail. However , in  the absence of such official translation or  as it deem s 
necessary, the Specific Patent Agency  may request the applicant to annotate 
the Chinese terminology with its orig inal foreign version.  
The document (s) for filing a patent application or other proceedings  shall be 
in Chinese . In case any document (s) of proof  is written in a foreign language, 
the Specific Patent Agency  may, as it deem s necessary, request the applicant 
to submit a full -text Chinese translation or a Chinese translation of an excerpt 
thereof.  
Rule 4 
Any document (s) of proof submitted pursuant to the Act and these 
Enforcement Rules shall be the original or the certified  copy thereof.  
Upon making preliminary  showing  that the photocopy of the  document (s) of 
proof is identical to the original or the certified  copy, except for the certified 
priority document, the parties involved may submit the photocopy instead . 
However, where a photocopy of the documentary evi dence  is submitted  as 
evidence of invalidation, it shall be proved to be identical to  the original or 
the certified  copy thereof.  
When the original or the certified  copy of the document (s) of proof has been 
verified by the Specific Patent Agency , it may be  returned to the applicant.  
IP/N/1/TPKM/P/4 • IP/N/1/TPKM/E/3 
 
                         - 8 - 
7 
 Rule 5 
Where a person files a patent application or taking other proceeding s in 
connection with patent matters in written form, the date of application and 
other proceedings  shall be the date on which the Specific Patent Agency  
receives the written document; however, where the delivery thereof is made 
via post, the date  of application and other proceedings  shall be the postmark 
date.  
The date of application and other proceedings whose postmark date appears 
to be ambiguous shall b e the date of receipt by the Specific Patent Agency , 
unless otherwise proved by the parties involved .  
Rule 6 
With regard to the time period(s) specified by Specific Patent Agency 
pursuant to the Act and these Enforcement Rules, an applicant may, prior to 
the expiration thereof, make a request stating the reasons for the delay to the 
Specific Patent Agency  for an extension.  
Rule 7 
Where a request is made for record ation  of the change to the name, seal, 
domicile/residence , or business establishment of the ap plicant, the 
document(s)  of proof  shall accompany such request. This provision shall not 
apply where the change thereto needs not be proved by document(s) . 
Rule 8 
Where a change of entitled applicant  is requested due to a transfer  of the right 
to apply for  patent, the request  shall be submitted  and accompan ied by the 
following documents:  
1. in the event that the change of  entitled applicant  is due to an assignment, 
the d eed of assignment of the right to apply for patent or document (s) of 
proof of the assign ment ; where the assignment is made due to amalgamation 
or acquisition of companies,  however,  the document (s) of proof of the 
amalgamation  or acquisition should be submitted ; 
2. in the event that the change of entitled applican t is due to inheritance, the 
certificate of death and the instrument of succession.  
Rule 9 
Where the applicant designate s an agent , the document  specif ying the extent 
of power conferred upon the agent  and the address to receive service  shall be 
submitted to the Specific Patent Agency . 
Where agent s for patent application and other proceeding s are designated , 
the number of agent s shall not exceed three (3).  
Where two or more agent s are designated , each of them may act on behalf of 
the applicant severally.  
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                         - 9 - 
8 
 In the event  that the designation  violates the provision of the preceding 
paragraph, the agent  still may act on behalf of the applicant severally.  
Where the power or agent  is changed, unless a written notice is submitted to 
the Specific Patent Agency , such change has no effect to  the Spec ific Patent 
Agency . 
Any change to the agent ’s address shall be reported to the Specific Patent 
Agency . 
Rule 10 
The agent  may take an y action within the extent of power conferred upon.  
However, actions of designat ing or dischar ging  an agent , withdrawing a 
patent application, withdrawing a divisional  patent  application, withdrawing 
a conver ted patent application, withdrawing a request for reexamination, 
withdrawing a request for post -grant amendment , withdrawing an 
invalidation  action , or abandoning a patent  right shall not be taken without 
being specially empowered.  
Rule 11 
Where the application  documents  do not conform  to statutory requirements 
but such nonconformance may be  remedied , the Specific Patent Agency  shall 
notify the applicant to complete the req uirements  within  a specified time 
limit; where the requirements are not completed within the specified time 
limit or are still incomplete, the application shall be processed  pursuant to 
Paragraph 1, Article 17 of the Act.  
Rule 12 
When request ing for reinst atement under Paragraph 2, Article 17 of the Act, a 
request form shall be submitted to the Specific Patent Agency  stating the 
reasons for the delay and the date of extinguishment of such delay, and 
accompanied  by the document (s) of proof . 
Chapter 2 Applica tion and Examination of Invention Patent  
Rule 13 
Where the priority is claimed pursuant to  Paragraph 1, Article 28 or 
Paragraph 1, Article 30 of the Ac t, the so -called “prior to the filing of the 
patent application ” in Article 22 of the Act, and the so -called “earlier -filed” in 
Article 23 of the Act shall mean prior to the priority date.   
The so -called “ printed publication” in Article 22 of the Act shall mean 
documents or other storage media  carrying information that is open to the 
public . 
Rule 14 
The so -called “a person ordinarily skilled in the art” in Article 22, Article 26, 
and Article 27 of the Act  shall mean a person having general knowledge and 
ordinary skill in the art of the invention at the time of filing.  
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                         - 10 - 
9 
 In the preceding paragraph, the time of fi ling shall mean the priority date 
where  priority is claimed pursuant to  Paragraph 1, Article 28 or Paragraph 1, 
Article 30 of the Act.  
Rule 15 
Where a person has obtained the right to apply for patent due to inheritance, 
assignment , employment or capital c ontribution , with respect to the 
disclosure  of the invention made by the predecessor, assignor, employee or 
appointee  prior to the filing , the provisions of Paragraph 3, Article 22 of the 
Act shall apply.  
Rule 16 
When 
filing a patent application for invent ion, the application form  shall 
specify  the following items:  
1. title of invention ; 
2. name and nationality of the inventor;  
3. name, nationality, and domicile/residence or business establishment of the 
applicant; name of the representative , if any ; and 
4. name and business establishment of the agent , if an agent  is designated.  
Under any of the following circumstances, a statement shall be made at the 
time of filing:  
1. where the facts prescribed under  Subpar agraph s 1 to 3, Paragraph 3, Article 
22 of the A ct are claimed ; 
2. where the priority prescribed under  Paragraph 1, Article 28 of the Act  is 
claimed; and  
3. where 
the priority prescribed under  Paragraph 1, Article 30 of the Act  is 
claimed.  
Where an applicant claims the facts prescribed under  Subpar agrap hs 1 to 3, 
Paragraph 3, Article 22 of the Act, each fact shall be stated at the time of filing.  
However, where the facts are closely and inseparably related, one may state 
only the fact of the first occurrence.  
Where each fact is stated according to the p receding paragraph, the period 
prescribed under  Paragraph 3, Article 22 of the Act is calculated from the date 
of the fact of the first occurrence.  
Rule 17 
When filing a patent application for invention, the description shall contain 
the following items:  
1. title of invention;  
2. technical field;  
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                         - 11 - 
10 
 3. background art: indicating the background art known to the applicant, 
where relevant materials reflecting such art may be submitted;  
4. summary of invention: disclosing the problem(s) that the invention aims to 
solve  and its technical solution  adopted to solve  the problem(s); and stating  
any advantageous effects of the invention with reference to the background 
art; 
5. brief description of drawing (s): where the description is accompanied by 
drawing (s), descriptio n of the drawing (s) shall be made in concise wording 
according to the drawing sequence;  
6. description of embodiments: describing at least one way of carrying out the 
invention, using examples where appropriate and referring to the drawing(s), 
if any; and  
7. reference signs list: where the description is accompanied by drawing(s), 
major reference signs of the drawing(s) shall be listed and illustrated 
according to the drawing sequence or reference signs sequence.  
The description shall be presented in the ma nner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be 
preceded by a heading; unless, owing to the nature of the invention, a 
different presentation would result in  a better understanding.  
The paragraphs of  the description may be numbered consecutively with four 
Arabic numbers arranged in square brackets, so as to clearly identify each 
paragraph.  
The title of invention should concisely state the contents of the claimed 
inventions, where no irrelevant wording  is allowed.  
When a patent application for invention involv es a biological material or 
utilization of a biological material, where the biological material concerned 
has been deposited, the description shall specify the depository, date of 
deposit and depos it number. In the event that, prior to filing the patent 
application, the biological material concerned has been deposited in a foreign 
depository recognized by the Specific Patent Agency, the description shall 
also specify the foreign depository, date of deposit and deposit number.  
Where a patent application for invention contains disclosure of one or more 
nucleotides and/or amino acids sequence, a sequence listing complying with 
the standard provided by the Specific Patent Agency shall be submitted as a 
separate part of the description, in addition thereto, a copy of the said 
sequence listing in computer -readable form may be submitted.  
Rule 18  
The claim(s)  of an invention may be presented in more than one independent 
claim; the number of claim(s)  shall be consistent with the disclosure of the 
invention; when necessary , the claim(s)  may contain more than one 
dependent claim. The independent claim(s) and the dependent claim(s)  shall 
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                         - 12 - 
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 be consecutively arranged in Arabic numerical sequence  according to their 
dependent relations.  
An independent claim shall state  the designation of the subject matter as 
claimed and the essential technical features of the invention that the applicant 
regards as his/her invention.  
A dependent claim shall state the Arabic number(s) of  the claim(s) on which it 
depends, the designation of the subject matter  and the technical features other 
than those in the claim(s) on which it depends; whenever an interpretation of 
a dependent claim is made, it shall contain all the technical features o f the 
claim(s)  on which the dependent claim  depends.  
A dependent claim depending on two or more claims shall be referred to as a 
multiple dependent claim and shall be presented in alternative.  
A dependent claim may only depend on the preceding dependent or  
independent claim(s). However, direct or indirect dependence is not allowed 
among multiple dependent claims.  
An independent or a dependent claim shall be written in a single sentence.  
Rule 19  
Unless absolutely necessary, the technical features of all the claim(s) may not 
be defined by referring to the page number(s)  or line number(s)  of the 
description, drawing(s)  or reference sign (s) in the drawing(s) . 
The technical features of the claim(s)  may refer to the corresponding reference 
sign(s) in the drawing( s), and the reference sign(s) shall follow  the 
corresponding technical features and be placed  in parentheses; the reference 
sign(s) may not serve to limit the interpretation of the claim(s) . 
The claim(s)  may contain  the chemical or mathematical formulae bu t not 
drawing(s) . 
A technical feature in a claim for an invention which consists of a combination 
of multiple technical features may be expressed in means -plus -function or 
step-plus -function language.  Such claim shall be interpreted to cover the 
correspon ding structure, material, or acts described in the description  and 
equivalents thereof.  
Rule 20 
Where an independent claim of an invention is presented in two -part form, 
the preamble portion shall contain the designation of the subject matter  as 
claimed and those essential technical features that the subject matter as 
claimed and the prior  art are in common; the characterizing portion shall state  
the essential technical features of the invention which distinguish the subject 
matter as claimed from the prior  art in such phase  as “characterized in that,” 
“where in the improvement comprises ,” or in similar expressions.  
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12 
 The technical features of the characterizing portion shall be in combination 
with those of the preamble portion in interpreting such independent claim . 
Rule 21  
An abstract shall concise ly state the disclosure of the invention, and be limited 
to the technical problem(s)  it intends  to solve , the technical solution  adopted 
to solve  the problem(s), and the princip al use of the invention; in principle, 
the text of abstract is not to exceed 250 words; for an invention involv ing 
chemical formula, its abstract shall disclose the formula that can best 
characterize the inventive feature(s).  
An abstract may not contain  any commercial advertisement wording.  
For an abstract failing to comply with the preceding two paragraphs, the 
Specific Patent Agency  may notify the applicant to make an amendment  
within  a specified time limit, or notify the applicant of the amendment  being 
made ex officio . 
The applicant shall de signate a representative drawing that can best 
characterize the technical feature(s) of the invention and list the primary 
reference sign(s) in the representative drawing accompanied  by brief 
description( s). 
In case of failure to designate a representative  drawing or inappropriate 
designation of a representative drawing, the Specific Patent Agency  may 
notify the applicant to complete the requirements within  a specified time 
limit, or notify the applicant of the designation or deletion being made ex 
officio. 
Rule 22  
In a paten
t application for invention, the technical terminology and the 
reference sign(s) used in the description , claim (s), and abstract shall be 
consistent.  
The description , claim (s), and abstract referred to in the preceding paragraph 
should b e typed or printed.  
Where the description , claim (s), and abstract are filed in a foreign language, 
the submitted  Chinese translation  thereof shall be precise and complete.  
Rule 23 
In a patent application for invention, t he drawing(s)  shall be made  clearly 
with ink lines based on the engineering drawing method; when scaled  down  
to two -thirds, all the details disclosed in  each drawing  shall  still be clearly 
distinguished.  
The drawing(s)  shall be annotated with drawing designation(s) and reference 
sign(s), arr anged according to the drawing sequence , and shall not specify  
descriptive words, unless otherwise indispensable.  
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13 
 Rule  24 
In the event that parts of the description or the drawing(s) are missing from 
the patent application for invention, the filing date sh all be the date on which 
the missing parts of the description or the drawing(s) are filed. However, the 
filing date shall be the date on which the application was first filed under any 
of the following conditions:  
1. where the application claims priority o f an earlier application, and the 
missing parts of the description or the drawing(s) are completely contained in 
the earlier application; or  
2. where the applicant withdraws the earlier filed missing parts of the 
description or the drawing(s) within thirty  days after being served with a 
notification confirming the filing date by the Specific Patent Agency.  
Where the description or drawing(s) referred to in the preceding paragraph is 
submitted in a foreign language, the above provisions shall apply.  
Rule  25 
The period of twelve (12) months prescribed under  Paragraph 1, Article 28 of 
the Act is calculated from the day following the filing date of first patent 
application in a country which reciprocally recognizes ROC -based priority 
claims or a member of the Wo rld Trade Organization (WTO) to the filing date 
prescribed under  Paragraph 2, Article 25 of the Act.  
The period of twelve (12) months prescribed under  Subparagraph  1, 
Paragraph 1, Article 30 of the Act is calculated from the day following the 
filing date o f the earl ier patent application to the filing date prescribed under  
Paragraph 2, Article 25 of the Act.  
Rule 26  
The priority document to be submitted pursuant to Paragraph 2, Article 29 of 
the Act shall be the certified  copy .    
In the event that the prio rity document submitted by the applicant within the 
time limit prescribed under Paragraph 2, Article 29 of the Act is a photo copy, 
the Specific Patent Agency shall notify the applicant to submit the certified 
copy there of within specified time limit; where  such submission is not made 
within the specified time limit or the submission  is still incomplete, the 
priority claim is deemed not to have been claimed pursuant to Paragraph 3, 
Article 29 of the Act. However, in the event  that the certified priority 
docu ment  has already been submitted to the Specific Patent Agency , a 
photocopy specifying the number of the patent application to which the 
certified priority document  appends  may be submitted as a substitute.  
In the event  that the priority document referred to in Paragraph  1 has been 
exchanged between the Specific Patent Agency  and the receiving patent 
authority  of the country or the WTO member by means of electronic 
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 communication, the priority document is deemed to have been submitted by 
the applicant.  
Rule 27 
The so -called “ linked as to form a single general inventive concept” in 
Paragraph 2, Article 33 of the Act shall mean that two or more inventions are 
technically related to one another. 
The inventions that are technically related to one another referred  to in the 
preceding paragraph shall contain one or more same  or corresponding special 
technical features.  
The so -called “special technical feature s” referred  to in the preceding 
paragraph shall mean the technical feature s which define a contribution 
which each of the claimed inventions , considered as a whole , makes over the 
prior  art.  
The determination of whether two or more inventions are technically related 
to one another shall be made without regard to whether the inventions are 
claimed in separate  claims or as alternative s with in a single claim.  
Rule  28 
When  request ing for division of a patent application for invention, a request  
form  shall be submitted for each divisional patent application, accompanied  
by the following documents:  
1. description, claim (s), abst ract, and drawing (s); 
2. where  the circumstance (s) prescribed under  Paragraph 3 , Article 22 of the 
Act is claimed  in the original  application , the document (s) of proof  of the facts 
involved;  and 
3. where the patent application for invention involv es a biological material or 
utilization of a biological material, the certificate of deposit thereof.  
Under any of the following circumstances, a statement shall be made at the 
time of filing the request form  for each divisional patent application : 
1. where the circumstances  prescribed under  Subpar agraph s 1 to 3, Paragraph 
3, Article 22 of the Act  are claimed ; 
2. where the priority prescribed under Paragraph 1, Article 28 of the Act  is 
claimed; or  
3. where 
the priority prescribed under  Paragraph 1, Article 30 of the Act  is 
claimed.  
The divisional  patent  application shall not differ from the original patent  
application  in its type . 
Rule 29 
Where a request for division  is filed pursuant to Subpar agraph  2, Paragraph 
2, Article 34 of the Act after the original  patent application has been 
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15 
 approved , the request  shall be base d on the invention(s) disclosed in the 
description or the drawing(s) , but not those claims that have been approved  
in the original  patent application.  
When filing  a request  stated  in the precedi ng paragraph, no alteration may be 
made to the description , claim (s), or drawing (s) of the original  patent 
application that have been approved .  
Rule 30 
Where 
a patent application is filed pursuant to Article 35 of the Act, a n 
application form  shall be sub mitted and accompanied  by the document (s) of 
proof showing that the invalidation decision revoking the patent has become 
final  and binding . 
Rule 31  
Whenever a patent application for invention is laid open by the Specific 
Patent Agency , the following items shall be laid open to the public:  
1. application number;  
2. layin
g open number;  
3. laying open date;  
4. international patent classification;  
5. filing date;  
6. title of invention;  
7. name(s) of the inventor(s);  
8. name and domicile/residence or business es tablishment of the applicant;  
9. name of the agent , if an agent  is designated ; 
10. abstract;  
11. the draw
ing that can best characterize the technical features of the 
invention, and description (s) of the reference sign(s) in the drawing  
accompanied ; 
12. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member receiving the respective 
first patent application (s), application number (s) and filing date (s) thereof;  
13. where the priority prescrib ed under Paragraph 1, Article 30 of the Act is 
claimed, the respective application number (s) and filing date (s) thereof; and  
14. s tatus for whether a request for substantive examination has been applied.  
Rule 32 
When request ing for a substantive examinatio n of a patent application for 
invention, a request form shall be submitted, specifying the following items:  
1. application number;  
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16 
 2. title of invention;  
3. name, nationality, and domicile/residence or business establishment of the 
applicant  for substantiv e examination; the name of the representative , if any; 
4. name and business establishment of the agent , if an agent  is designated ; 
and 
5. identification of whether the requester for the substantial examination is the 
patent applicant.  
Rule 33  
When request ing for prioritized examination of a patent application for 
invention, a request  form  shall be submitted, specifying the following items:  
1. application number and laying open number;  
2. title o
f invention;  
3. name, nationality,  and domicile/residence or bu siness establishment of the 
applicant  for prioritized examination; the name of the representative , if any; 
4. name and business establishment of the agent , if an agent  is designated ;  
5. identification of whether the requester for prioritized examination is the 
patent applicant; and  
6. a statement with respect to the status of commercial exploitation  of the 
patent application for invention ; where there is an agreement, the history of 
reaching the agreement.  
Where a request for prioritized examination of the  patent application for 
invention has been made but a request for substantive examination thereof 
has yet to be filed, a request for substantive examination as prescribed in the 
preceding article shall also be made.  
The relevant document (s) of proof  to be submitted pursuant to Paragraph 2, 
Article 40 of the Act shall include: advertising catalogues, other written 
materials reflecting the facts of commercial exploitation, or the written notice 
prescribed under  Paragraph 1, Article 41 of the Act.  
Rule  34 
Wher e the Specific Patent Agency  notifies the applicant to appear for an 
interview, to perform experiment, to supplement model(s) or sample(s), or to 
amen d the description , claim (s), or drawing(s),  in case of failure to act within  
the specified time  limit, or to conduct any act pursuant to the contents of the 
notification, the Specific Patent Agency  may continue the examination based 
on the materials available.  
Rule 35 
In case of obvious error (s) found in the description , claim (s), or text (s) or 
reference sign(s) in the drawing (s), the Specific Patent Agency  may correct the 
error (s) ex officio  and notify the applicant of the correction(s)  being made.  
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17 
 Rule 36 
When request ing for amending the description , claim (s), or drawing (s) of a 
patent application for inventi on, a request form shall be submitted and 
accompanied  by the following documents:  
1. the amended sheet(s) of the description  or claim (s) on which the portions of 
the amendment  are marked; the original disclosure to be deleted shall be 
presented by a strike  line crossing out the deleted text (s); the added 
disclosure shall be presented by underlining the added text (s). However, 
delet ing claim(s) may be presented by annotat ion of  descriptive text (s). 
2. the replacement sheet(s) of description , claim (s), or dra wing (s) after the 
amendment  without marks; in case the page sequence , claim sequence , or 
drawing sequence of the description , claim (s), or drawing (s) are not 
continuous due to the amendment , a complete set of description , claim (s), or 
drawing (s) after the amendment  shall be submitted.  
The request  form referred to in the preceding paragraph shall specify  the 
following items:  
1. where an amendment is  made to the description , the page number(s) , 
paragraph number(s), and line number(s)  thereof and reasons for the 
amendment ; 
2. where an amendment is made to the claim (s), the number (s) thereof and 
reasons for the amendment ;  
3. where an amendment is made to the drawing (s), the designation (s) thereof 
and reasons for the amendment . 
Where an amendment is  made to the claim(s), if parts of the claims are 
deleted, number (s) of the remaining claim(s)  should be rearranged with 
Arab ic numeral(s) according to the claim sequence ; whe re an amendment is 
made to the drawing(s) , if parts of  the drawings  are deleted, the drawing 
designation(s)  of the remaining drawing(s) should be rearranged according to 
the drawing sequence . 
In the event that  the Specific Patent Agency  has issue d a final notice to the 
patent application for invention, the amendment reasons set forth in 
Subpar agrap h 2, Paragraph 2 of this Rule shall state the respective grounds 
prescribed under Paragraph 4, Article 43 of the Act . 
Rule 37 
When r
equest ing for correcting the description , claim (s), or drawing (s) due to 
translation errors, a request form shall be submitt ed and accompanied  by the 
following documents:  
1. the corrected sheet(s) of the description  or claim(s) on which the portions of 
the correction are marked; the original disclosure to be deleted shall be 
presented by a strike line crossing out the deleted t ext(s); the added 
disclosure shall be presented by underlining the added text (s); and   
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18 
 2. the replacement sheet(s) of description , claim (s), or drawing (s) after 
correction  without marks.  
The request  form referred  to in the preceding paragraph shall specif y the 
following items:  
1. where a correction is made to the description , the page number(s) , 
paragraph number(s), and line number(s)  thereof , reasons for correction, and 
the page number(s), paragraph number(s), and line number(s)  of the 
corresponding descr iption  in the application in foreign language;  
2. where a correction is  made to the claim(s) , the number (s) thereof , reasons 
for the correction, and the claim number (s) of the corresponding claim (s) in 
the application in foreign language;   
3. where a corre ction is  made to the drawing(s) , the designation(s)  thereof , 
reasons for the amendment, and the designation(s)  of the corresponding 
drawing(s)  in the application in foreign language.  
Rule 38 
In case  a correction of translation error(s) and an amendment are  
simultaneously made to  the description , claim (s), or drawing (s) of the patent 
application  for invention, the request  for correction  and the request  for 
amendment may be submitted separately, or a request  for correction 
specifying both the correction and a mendment  may be submitted.  
In case a correction of translation error(s) and a  post -grant  amendment are 
simultaneously made to the description, claim(s), or drawing(s) of the 
invention patent, the above provision shall apply.  
Rule 39 
Subsequent to laying op en but prior to issuing  the examination decision , 
anyone considering  that the claimed inventions shall not be granted may 
submit his/her  comments to the Specific Patent Agency , which may be 
accompan ied by reasons and evidences thereof. 
Chapter 3  Applicatio n and Examination of Utility Model  Patent  
Rule 40 
In the event that parts of the description  or drawing(s)  are missing from the 
patent application for  utility model , the filing date shall be the date on which 
the missing parts of the description or the dra wing(s) are filed . However, the 
filing date shall be the date on which the application was first filed  under any 
of the following conditions : 
1. where the applicant claims priority of an earlier application, and the 
missing parts of the description  or the drawing(s) are completely contained in 
the earlier application; or  
2. where t he applicant withdraws the earlier filed missing parts of the 
description or parts of the drawing(s)  within thirty (30) days after being  
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19 
 served with a notification  confirming the filing date by the Specific Patent 
Agency . 
Where the description  or drawing(s)  referred to in the preceding paragraph 
are submitted in a foreign language, the above provisions shall apply.  
Rule 41 
The period of twelve (12) months prescribed under  Paragraph  1 of Article 28  
applicable mutatis mutandis  under Article 120 of the Act is calculated from the 
day following the filing date of the first patent application in a country which 
reciprocally recognizes ROC -based priority claims or a member of the WTO 
to th e filing date prescribed under  Paragraph 2, Article 106 of the Act.  
The period of twelve (12) months prescribed under  Subparagraph 1, 
Paragraph 1  of Article 30 applicable mutatis mutandis  under Article 120  of the 
Act is calculated from the day following th e filing date of the earlier patent 
application to the filing date prescribed under  Paragraph 2, Article 106 of the 
Act. 
Rule  42 
When request ing for a technical evaluation report of utility model patent 
pursuant to Paragraph 1, Article 115 of the Act , a re quest form shall be 
submitted specify ing the following items:  
1. application number;  
2. title o
f utility model ; 
3. name, nationality, and domicile/residence or business establishment of the 
applicant  for the technical evaluation report of utility model pat ent; the name 
of the representative , if any; 
4. name and business establishment of the agent , if an agent  is designated ; 
and 
5. identification of whether the requester  is the patentee.  
Rule  43 
The rel evant  document (s) of proof  to be submitted pursuant to P aragraph 5, 
Article 115 of the Act  shall include: a written notice  issued by the patentee to a 
party not entitled to exploit the patent for commercial purpose, advertising 
catalogues, or other written materials reflecting the facts of commercial 
exploitati on. 
Rule 44 
The technical evaluation report  of utility model patent shall specify  the 
following items:  
1. certificate number of the utility model  patent ; 
2. application number;  
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20 
 3. filing date;  
4. priority date;  
5. the date that a request for rendering a technical evaluation report is made;  
6. title o
f utility model;  
7. name and domicile/residence or business establishment of the patentee;  
8. name of the requester  for the technical evaluation report of utility model 
patent ; 
9. name of the agent , if an agent  is designated ; 
10. n ame of the patent examiner;  
11. international patent classification;  
12. r ange of prior art  documents;  and 
13. c omparative conclusions  
Rule 45 
Rules  13 to 23 , Rules 26 to 28, Rule 30, and Rules 34  to 38 shall apply mutatis 
mutandis  to utility model patent.  
Chapter 4 Application and Examination of Design Patent  
Rule 46 
Wher e the priority is claimed pursua nt to  Paragraph 1 , Article 28 of the Act 
applicable mutatis mutandis  under Paragraph 1 , Article 142  of the Act, t he so -
called “prior to the filing of the patent  application ” in Article 122 of the Act 
and the so -called “earlier -filed” in Article 123 of the Act shall mean prior to 
the priority date.  
The so -called “ printed publication” in Article 122 of the Act shall mean 
documents or other s torage medi a carrying information that is open to the 
public.  
Rule 47 
The so -called “a person  ordinarily  skilled in the art” in Article 122 and Article 
126 of the Act shall mean a person having general knowledge and ordinary 
skills in the art of the design  at the time of filing . 
In the preceding paragraph, the time of filing shall mean the priority date 
where  priority is claimed pursuant to  Paragraph 1, Article 28 of the Act 
applicable mutatis mutandis  under Paragraph 1, Article 142  of the Act.  
Rule 48 
Wher e a person has obtained the right to apply for patent due to inheritance, 
assignment, employment or capital contribution , with respect to the 
disclosure of the design  made by  the predecessor, assignor, employee or 
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21 
 appointee  prior to the filing , the provisi ons of Paragraph 3, Article 122 of the 
Act shall apply.  
Rule 49 
When filing  a patent  application for design , the application form  shall specify  
the following items:  
1. title of design;  
2. name and nationality of the designer ; and 
3. name, nationality, and domicile/residence or business establishment of the 
applicant; the name of the representative , if any; and 
4. name and business establishment of the agent , if an agent  is designated ; 
Under any of the following circumstances, a statement shall be made at th e 
time of filing:  
1. where the facts prescribed under  Subpar agraph s 1 and 2 , Paragraph 3, 
Article 122 of the Act  are claimed ; or 
2. where the priority prescribed under  Paragraph 1, Article 28  applicable 
mutatis mutandis  under Paragraph 1, Article 142 of th e Act  is claimed . 
When filing  a patent  application for derivative design , the application 
number of the original patent application for design shall be specified in the 
request  form , in addition to the items  stated  in the preceding two paragraphs.  
Where an applicant claims the facts prescribed under  Subpar agraph  1 or 2, 
Paragraph 3, Article 122 of the Act, each fact shall be stated at the time of 
filing.  However, where the facts are closely and inseparably related, one 
may state only the fact of the first occurrence.  
Where each fact is stated according to the preceding paragraph, the period 
prescribed under  Paragraph 3, Article 122 of the Act is calculated from the 
date of the fact of the first occurrence.  
Rule 50 
When filing a patent  application for design , the description  shall contain  the 
following items:  
1. title of design;  
2. purpose  of article ; and 
3. description of design.  
The description shall be presented in the manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be 
preceded by a heading . However, the items  stated in  Subpar agraph  2 or 3 of 
the preceding paragraph may be omitted where such  items are clearly 
reflected by the title of design or the drawing(s) . 
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 Rule 51 
The title of design shall clearly designate the article to which the design 
applied; irrelevant word ing is not allowed. 
The p
urpose of article serves to facilitate description of usage, function, and 
the like of the article to which the design applied.  
The description of design  serves to f acilitate description of shape, pattern s, 
color s, or any combination thereof.  The following circumstances shall be 
stated , if any : 
1. the disclos ed content  of the drawing(s)  contains parts which do not form 
part of the claimed design ; 
2. for computer icons  and graphic user interface s applied to an article that are 
designed with continuous dynamic changes, the change sequence;  or 
3. the omission of  the drawing(s)  due to identic alness of drawing(s), 
symmetry of drawing(s),  or any other causes.  
A concise  state ment may  be made in the description of design  when 
necessary under any of the following circumstances:  
1. where t he appearance of design changes because of the characteristics of 
different materials used, adjustment of function, or change in state of use;  
2. where there is auxiliary drawing(s)  or reference drawing(s) ; or 
3. in a patent application for design claiming  a set of articles, the title of each 
article  constituting  the set . 
Rule 52 
The terminology used in the title of design, purpose of article, an d description 
of design  in the description  shall be consistent.  
The description  referred to in the preceding paragraph should be typed or 
printed.  
Where foreign language document(s)  is submitted pursuant to the Paragraph 
3, Article 125 of the Act , the desc ription  shall contain the precise  and complete 
translation.  
Rule 53 
In a patent application for design, t he drawing(s)  shall contain sufficient 
views so as to fully disclose the appearance of the claimed design ; where the 
design is three -dimensional, the d rawing (s) shall contain a perspective view; 
where the design is applied to a boundless plane in form, the drawing (s) shall 
contain an element view.  
The view s stated  in the preceding paragraph may include a perspective view, 
a front view, a rear view, a lef t side view, a right side view, a top view, a 
bottom view, a plan view, an element view , or other auxiliary views.  
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23 
 The drawing (s) shall be made  clear with ink lines , computer drafting, or 
photographs based on engineering drawing method; when scaled down  to 
two-thirds, all the details disclosed in each  drawing shall  still be clearly 
distinguished.  
Where colors are claimed, the drawing (s) stated in the preceding paragraph 
shall present the colors.  
The parts in the drawing(s) which the design intends to claim and not to 
claim shall be presented in a manner by which the different parts can be 
clearly distinguished . 
A drawing annotated as a reference view  shall not serve to interpret the scope 
of the design patent . 
Rule 54 
In a patent application for design, each  drawing  shall be annotated with a title, 
and a perspective view or a drawing that can best characterize the design 
shall be designated  as the representative drawing . 
In case of failure to designate a representative drawing or inappropriate 
designation of a representative drawing, the Specific Patent Agency  may 
notify the applicant to complete the requirements  within  a specified time 
limit, or notify the applicant of designation being made ex officio. 
Rule 55 
In t
he event that parts of the description  or parts of the  drawing(s)  are 
missing from the patent application for design, the filing date shall be the date 
on which the missing parts of the description or the drawing(s) are filed . 
However, the filing date shall be the date on which the application was  first 
filed under any of the following conditions:  
1. where  the applicant claims priority of an earlier application , and the  
missing parts of description  or parts of the drawing(s)  are completely 
contained in the earlier application; or  
2. where the applic ant withdraws the earlier filed  missing parts of the 
description or parts of the drawing(s)  within thirty (30) days after being  
served with a notification  confirming the filing date by the Specific Patent 
Agency . 
Where the description  or drawing(s)  referre d to in the preceding paragraph 
are submitted in a foreign language, the above provisions shall apply.  
Rule 56 
The period of six (6) months prescribed under  Paragraph 2, Article 142 of the 
Act is calculated from the day following the filing date of the first patent 
application in a country which reciprocally recognizes ROC -based priority 
claims or a member of the WTO to the filing date prescribed under  Paragraph 
2, Article 125 of the Act.  
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 Rule 57 
The so -called “same class” prescribed under Paragraph 2, Arti cle 129 of the 
Act shall mean article s categorized under the same Class in the International 
Classification for Industrial Design s. 
Rule 58 
When request ing for division of  a patent application for design, a request  
form  shall be submitted for each division al patent application accompanied  
by the following documents:  
1. description and drawing(s) ; and 
2. where the circumstance (s) prescribed under  Paragraph 3, Article 122 of the 
Act is claimed in the original patent application , the document (s) of proof of  
the facts involved.  
Under any of the following circumstances, a statement shall be made at the 
time of filing the request  form  for each division al patent application : 
1. where the facts prescribed under  Subpar agraph  1 or 2, Paragraph 3, Article 
122 of the  Act are claimed; or  
2. where 
the priority prescribed under  Paragraph 1, Article 28 applicable 
mutatis mutandis  under Paragraph 1, Article 142 of the Act is claimed.  
The divisional patent application shall not differ from the original patent  
application  in its type . 
Rule 59 
When request ing for amending the description  or drawing(s)  of a patent 
application for design , a request form shall be submitted and accompanied  by 
the following documents:  
1. the amended sheet(s) of the description  on which the portions of  the 
amendment are marked; the original disclosure to be deleted shall be 
presented by a strike line crossing out the deleted text (s); the added 
disclosure shall be presented by underlining the added text (s); and    
2. the complete set of replacement descr iption  or drawing(s)  after the 
amendment without marks.  
The request  form referred  to in the preceding paragraph shall specify  the 
following items:  
1. where an amendment is made to the description , the page number(s)  and 
line number(s)  thereof and reasons f or the amendment ;  
2. where an amendment is made to the drawing(s) , the title(s)  thereof and 
reasons for the amendment . 
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 Rule 60 
When request ing for correcting the description  or drawing(s)  due to 
translation errors, a request form shall be submitted and accompanied  by the 
following documents:  
1. the corrected sheet(s) of the description  on which the portions of the 
correction  are marked; the original disclosure to be deleted shall be presented 
by a strike line crossing out the deleted text (s); the added disclosure shall be 
presented by underlining the added text (s); and   
2. the complete set of replacement description  or drawing(s)  after correction  
without marks.  
The request  form referred to in the preceding paragraph shall specify  the 
following items:  
1. where a correction is  made to the description , the page number(s) and line 
number(s)  thereof , reasons for correction, and the page number(s)  and line 
number(s)  of the corresponding description  in foreign language;   
2. where a correction is made to the drawing(s) , the title(s) thereof , reasons for 
the correction, and the title(s) of the corresponding drawing(s)  in the 
application  in foreign language.  
Rule 61 
Rules  26, 30, 34, 35 and 38  shall apply mutatis mutandis  to design patent.  
The provisions in this Chapt er are applicable  to derivative design patent. 
Chapter 5 Patent Rights  
Rule 62 
Where  priority is claimed pursuant to  Paragraph 1 , Article 28 or Paragraph 1 , 
Article 30 of the Act, the so-called “prior to the filing of application” in 
Subpar agraph  3, Paragr aph 1, Article 59  and Paragraph 1 , Article 99  of the 
Act shall mean prior to  the priority date.  
Rule 63 
When request ing for recordation of patent right assignment , a request form 
shall be submitted by the assignor  or the assigne e and accompanied  by deed 
of assignment or document (s) of proof  with respect to the assignment . 
When request ing for recordation of patent right succession  due to 
amalgamation or acquisition of companies, the documents to be submitted in 
the preceding paragraph are document (s) of proo f with respect to the 
amalgamation  or acquisition . 
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26 
 Rule 64 
In request ing for recordation of patent right entrustment, a request form shall 
be submitted by the patentee or the trustee  and accompanied  by the following 
documents:  
1. for recordation of trust, the deed of trust or document (s) of proof  with 
respect to such e ntrustment agreement ; 
2. for deletion of trust recordation upon termination of the tr ust relation and 
the acquisition of the patent right  by the settlor, the deed of trust or 
document (s) of pr oof with respect to such termination of the trust relation;  
3. for recordation of attribution of trusted patent right  upon termination of the 
trust relation and the acquisition of patent right by  a third party, the deed of 
trust or document (s) of proof  with respect to such trust attribution ; 
4. for alteration of other matters in the recordation of trust, document (s) of 
proof with respect to such alteration.   
Rule 65 
In reques
ting for recordation of licensing of patent right, a request form shall 
be submitt ed by the patentee or the license e and  accompanied  by the 
following documents:  
1. for recordation of licensing , the license agreement or document (s) of proof  
with respect to such licensing ;  
2. for alteration of the recordation of licensing , document (s) of proof with 
respect to such alteration;  
3. for de letion of licensing recordation, a letter consenting  deletion of the 
licensing recordation  issued by the licensee, a judgment of the court  along 
with  a certificate stating the judgment is final and binding , or document s 
which legally have the  equivalent effect as a final and binding judgment of 
the court.  However,  where  the license is terminated  due to expiration of the 
licensed term, the above documents need not be submitted.  
The license agreement or documen t(s) of proof  referred  to in Subpar agraph  1 
of the preceding paragraph shall specify the following items:  
1. title or certificate number of the invention, utility model , or design  patent ; 
and 
2. type , scope,  locality  and term of license . 
Whe re the patentee  licenses others to exploit part of the claims, the scope 
referred  to in Subpar agraph  2 of the preceding paragraph shall specify  the 
number (s) of the licensed claim(s) . 
The expiration date of the licensed term referred to in Subpar agraph  2 of 
Paragraph 2 shall not be later than the expiration  date of the patent term.  
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 Rule 66 
In request ing for recordation of sub-licensing of patent right, a request  shall 
be submitted by the  licensee  or the sub- licensee and accompanied  by the 
following documents:  
1. for recor dation of sub -licens ing, the sub-license contract or document (s) of 
proof with respect to such sub -licens ing;  
2. for alteration of the recordation of sub -licensing , document (s) of proof  with 
respect to such alteration;  
3. for deletion of sub -licensing rec ordation , a letter consenting deletion of the 
sub-licensing  recordation issued by the sub-licensee, a judgment of the court  
along with  a certificate stating the judgment is final and binding , or 
document s which legally have the  equivalent effect as a final and binding  
judgment of the court.  However,  where  the sub-license is terminated  due to 
expiration of the licensed term  or sub -licensed term , the above documents 
need not be submitted . 
Paragraph 2 of the preceding Rule  shall apply mutatis mutandis  to the items to 
be specified in the sub-license contract  or the document (s) of proof  thereof 
referred to in Subpar agraph  1 of the preceding paragraph .  
The sub-license d scope is limited  to the original license d scope.  
Rule 67 
In request ing for recordation of pledg e establishment of a patent right , a 
request form shall be submitted by the patentee or t he pledge e and 
accompanied  by the patent certificate  and the following documents:  
1. for recordation of pledge establishment , the pledge agreement or 
document (s) of pr oof with respect to such establishment;  
2. for alteration of the recordation of pledge establishment , document (s) of 
proof with respect to such alteration;  
3. for deletion 
of pledge establishment recordation , document (s) of proof  with 
respect to the full d ischarge of pledged liabilities , a letter consenting deletion 
of pledge establishment recordation issued by the pledge e, a judgment of the 
court  along with  a certificate stating the judgment is final and binding , or 
document s which legally have the  equival ent effect as a final and binding  
judgment of the court.   
The agreement or document (s) of proof  referred to in Subpar agraph  1 of the 
preceding paragraph shall specify the  following items:  
1. title or certificate number of the invention, utility model or de sign patent ; 
and 
2. amount of credit pledge d and the term of the pledge establishment . 
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 The expiration date of the  term of the pledge establishment referred in  
Subpar agraph  2 of the preceding paragraph shall not be later than the 
expiration date of  the pate nt term.  
Upon  recordation under the first paragraph with  the Specific Patent Agency , 
the rel evant items shall be annotated to the patent certificate  and the Patent 
Regist ry. 
Rule 68 
Where , pursuant to the laws , consent from a third party is required for 
recordation  referred to in the preceding five  (5) rules, document (s) of proof  
with respect to such consent from the third party shall also be submitted . 
Rule 69 
In request ing for recordation of succession of patent right, a request form 
shall be submitted and accompanied  by the certificate of death and the 
instrument of succession.  
Rule 70 
When request ing for amending the post -grant description , claim (s), or 
drawing (s) of a patent pursuant to Article 67 of the Act, a request form shall 
be submitted and accomp anied  by the following documents:  
1. the replacement sheet(s) of the description  and drawing(s)  after the post -
grant amendment without marks ;  
2. where a post -grant amendment is made to the claim(s), a complete set of 
the claims;  
3. where consent from the  licensee, pledgee, or all joint owners is required 
pursuant to Article 69 of the Act, document (s) of proof  with respect to such 
consent . 
The request  form referred to in the preceding paragraph shall specify the 
following items:  
1. where a post -grant amend ment  is made to the description , the page 
number(s) , paragraph number(s) , line number(s)  thereof , the contents 
amended,  and reasons for the post -grant amendment ; 
2. where a post -grant amendment  is made to the claim(s) , the claim (s) thereof , 
the contents am ended, and reasons for the post -g rant amendment ;  
3. where a post -grant amendment  is made to the drawing(s) , the designation(s)  
thereof and reasons for the post -grant amendment . 
The contents amended shall specify the contents before and after the post -
grant amendment ; the original disclosure to be deleted shall be presented by a 
strike line crossing out the deleted text (s); the added disclosure shall be 
presented by underlining the added text (s). 
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 The reasons for post -grant amendment  referred to in Paragraph  2 shall 
specify  the applied provision (s) of Paragraph 1, Article 6 7 of the Act.  
Where a post -grant amendment  is made to the claim(s) , if parts of the claims 
are deleted, the claim sequence  of the remaining claim(s)  shall not be 
changed; where a post- grant  amendment  is made to the drawing(s) , if parts of 
the drawing (s) are deleted, the drawing designation(s) of remaining 
drawing(s) shall not be changed.  
Whe n request ing for a post -grant amendment during invalidation 
proceeding s, the patentee shall specify the number of invalidation action  in 
the request  form . 
Rule 71 
Where an invalidation action is initiated after the patent has become 
extinguished ipso facto pursuant to Article  72 of the Act, the document (s) 
evidencing recoverable legal interests as a result  of revocation  of the patent 
right  shall be submitted.  
Rule 72 
Where an invalidation action is initiated,  for an invention or a uti lity model,  
the invalidation statement prescribed under Paragraph 1, Article 73 of the Act 
shall state the objective  to revok e all or part s of the claims; where an 
invalidation action is initiated against parts of th e claims, the claim(s) against 
which the invalidation action is initiated shall be specifically identified ; for a 
design, the invalidation statement shall state the objective to revoke  the patent 
right of the design.  
The reason s of invalidation prescribed under  Paragraph 1, Article 73 of the 
Act shall state the ground(s) asserted b y the invalidation  action  and specific 
facts, as well as explain  the relationship betwee n the respective specific fact s 
and the evidence s. 
Rule 73 
The invalidation proceedings and decisions concerned shall be conducted 
within the scope of the invalidation statement. 
The syllabus  of the invalidation  decision shall s pecify the examination resul ts; 
for an invention or a uti lity model,  such results  shall be rendered on a claim -
by-claim basis.  
Rule 74 
When an invalidation action  and a request for post -grant amendment  are to 
be consolidated for examination p ursuant to Paragraph 1, Article 77 of the 
Act, the post -grant  amendment  shall be first examined; if the post -grant  
amendment is  rejected after examination, the Specific Patent Agency  shall 
notify the patentee to make  a response within a specifi ed time limit; in case of 
failure to respon d within  the specified time  limit  or the post -grant 
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 amendment shall still be rejected despite the response,  the Specific Patent 
Agency  may proceed with the examination based on the materials available.  
When an invalidation action  and a request for post -grant amendmen t are to 
be consolidated for examination p ursuant to Paragraph 1, Article 77 of the 
Act, the syllabus of the invalidation  decision  shall specify the examination 
results for t he post -grant amendment and the invalidation action separately.  
However, where the  post -grant amendment is rejected after examination, 
such rejection shall only be stated in the reasons of invalidation decision . 
Rule 75 
When more than one invalidation  actions are to be consolidated for 
examination pursuant to Paragraph 1, Article 78 of the Act, the Specific Patent 
Agency  shall notify  the respective invalidation requester s and the patentee of 
the reasons and evidences on which the  respective invalidation actions rely . 
The invalidation requester s and the patentee may each submit their 
comm ents or a response with respect to th e reasons and evidences on which 
the respective invalidation actions rely within a time limit specified by the 
Specific Patent Agency . 
Rule 76 
During the examination of an invalidation action , the Specific Patent Agency  
may, when necessary, consult with the invalidation requester and the 
patentee to formulate  an examination plan.  
Rule 77 
When request ing for  a compulsory licens e, a request  form specify ing the 
reasons for the request  thereof  shall be submitted  and accompan ied by a 
detailed project for exploitation and relevant document (s) of proof . 
When request ing for  repeal  of a compulsory licens e, a request  form specify ing 
the ground(s)  for the repeal  thereof shall be submitted and  accompanied  by 
the document(s)  of proof . 
Rule 78 
Where, p ursuant to Paragraph 2, Article 88 of the Act, the exploitation under 
compulsory licensing shall be authorized predominantly for the supply of the 
domestic market , the Specific Patent Agency  shall , in the decision approving 
compulsory lice nsing, specify  that the following items  be disclosed by the 
licensee  in an appropriate manner:  
1. information on the exploitation of the compulsory licens e; and 
2. the quantity and flow of products  manufactured . 
Rule 79 
Marking of a patent certificate  numb er prescribed under  Article 98 of the Act 
shall not be made after the patent is extinguished or its revocation becomes 
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 final  and binding , unless a patent certificate  number has been marked on the 
patented article and the patented article has been circulate d into the market 
before the patent is extinguished or its revocation becomes final  and binding . 
Rule 80 
Where a patent certificate is destroyed, lost or damaged to the extent that it is 
no longer usable, the patentee shall apply for issuance of a replacem ent or a 
substitution, stating the reasons in writing.  
Rule 81 
When request ing for a post -grant amendment to the  description  or drawing(s)  
pursuant to Article 139 of the Act, a request form shall be submitted and 
accompanied  by a complete set of descriptio n or drawing(s)  after the post -
grant amendment without marks.  
The request form referred to in the preceding paragraph shall specify  the 
following items:  
1. where a post -grant amendment is  made to the description , the page 
number(s) , line number(s)  thereof , the contents amended  and reasons for the 
post -grant amendment ;  
2. where a post -grant amendment  is made to the drawing(s) , the title(s) 
thereof and reasons for the post -grant amendment . 
The contents amended shall specify the contents before and after the post -
grant amendment ; the original disclosure to be deleted shall be presented by a 
strike line crossing out the deleted text (s); the added disclosure shall be 
presented by underlining the added text (s). 
The reasons for post -grant amendment  referred to in Paragraph 2 shall 
specify the applied provision (s) of Paragraph 1, Article 139 of the Act.  
Whe n request ing for a post -grant amendment during invalidation 
proceeding s, the patentee shall specify the number of invalidation action  in 
the request  form . 
Rule 82 
The Patent Regist ry shall specify  the following information:  
1. title of invention, utility model or design;  
2. patent term ; 
3. name, nationality, and domicile/residence or business establishment of the 
patentee;  
4. name and business establishment of the agent , if an agent  is designated ; 
5. filing date and application number;  
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 6. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member receiving the respective 
first patent application (s), application number (s) and filing date (s) thereof;  
7. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective application number (s) and filing date (s) thereof;  
8. publication date and patent certificate number;  
9. name of the assignee or successor, and the date of recordation of patent 
assignment or inheritance;  
10. name of the settlor  or trustee, and the date of re cordation of entrustment, 
deletion, or attribution of trust;  
11. n ame of the licensee and date of record ation of license;  
12. name of the pledgee and date of re cordation of pledge establishment , 
alteration , or deletion of  pledge;  
13. name, nationality, and domicile/residence or business establishment of 
the compulsory licensee, and the date of approval or repeal of a compulsory 
license;  
14. c ause(s) and date of issuance of replacement of  patent certificate ; 
15. e xtension or prolongation of patent term and the date of approval;  
16. cause(s) and date of the extinguishment or revocation of a patent; for an 
invention or a utility model patent, where part s of the claims are deleted or 
revoked , the number(s) of such part s of claims shall be specified ; 
17. n ame of the depository, date of deposit , and depository number; and  
18. any other matter s with respect to the patent or prescribed by laws . 
Rule 83 
Whenever a patent is published  by the Specific Patent Agency , the following 
items shall be listed  in the Patent Gazette:  
1. patent certificate number;  
2. publication date;  
3. laying open number and laying open date for a n invention patent ; 
4. international patent classification  or the international classification for 
industrial d esigns ; 
5. filing date;  
6. application number;  
7. title o
f invention, utility model or design;  
8. name(s) of the inventor(s)  of the invention , the creator(s) of the utility 
model or the designer (s) of the design;  
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 9. name and domicile/residence or business establishment of the applicant;  
10. n ame of the agent , if an agent  is designated ; 
11. claim(s) and drawing (s) of the invention patent or the util ity model patent; 
drawing (s) of the design patent;  
12. b rief description of drawing (s) or description of design;  
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member receiving the r espective 
first patent application (s), application number (s) and filing date (s) thereof;  
14. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective application number (s) and filing date (s) thereof; and  
15. for an  invention  involving a  biological material or utilization of a 
biological material, name of the depository, the deposit date and the deposit 
number.  
Rule 84 
Whenever a request for a post -grant  amendment is approved  by the Specific 
Patent Agency , the followi ng items shall be published in the Patent Gazette:  
1. patent certificate number;  
2. publication date of the patent;  
3. application number;  
4. title o
f invention, utility model or design;  
5. name of the patentee; and  
6.  amended  contents . 
Rule 85 
Whenever an invalidation decision  is rendered by the Specific Patent Agency , 
the following items shall be published in the Patent Gazette:  
1. number of invalidation action ; 
2. title of invention, utility model or design;  
3. name and domicile/residence or business es tablishment of the patentee;  
4. name of the invalidation requester ; 
5. name of the agent , if an agent  is designated ; 
6. date of filing of the invalidation  action ; 
7. syllabus  of the decision; and  
8. reasons of the decision.  
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 Rule 86 
Where the applicant has a need  to postpone the publication of a patent, he or 
she may apply to the Specific Patent Agency  for the postponement  thereof  at 
the time of paying the patent certificate  fee and the first  year patent  annuity  
fee. The requested term of postponement  shall not exceed a period of three (3) 
months. 
Chapter 6 Supplementary Provision s 
Rule 87 
Where the Specific Patent Agency notifies the applicant to retrieve  the 
model(s), sample(s) or documentary evidence  submitted pursuant to the Act 
within  a specified time li mit but the applicant fails to retrieve  such items 
within the specified time  limit, the Specific Patent Agency  may dispose of 
these items at its discretion . 
Rule 88 
For a ny application filed pursuant to the Act and these Enforcement Rul es, 
the form , descri ption , claim(s) , abstract and drawing(s)  thereof shall conform 
to the designated  written format  after the implementation of this amended 
Act. 
Under any of the following circumstances, the description , drawing(s), and 
description of drawing (s), other than t he request  form , shall  conform to  the 
designated written format  prior to the implementation of this amended Act: 
1. a patent application for invention or utility model filed w ithin three (3) 
months after implementation of this amended Act;  
2. for an applic ation filed i n a foreign language prior to  implementation of 
this amended Act, the description , claim(s) , drawing(s)  or description of 
drawing (s) submitted  within  six (6) months after implementation of this 
amended Act; or 
3. for an application filed prior  to implementation of this amended Act or 
pursuant to Subpar agraph  1, when applying for an amendment or a post -
grant amendment after implementation of this amended Act, the amended  
description, claim(s), drawing(s) or description  of drawing (s). 
Rule 89 
For a patent application for design filed pu rsuant to Paragraph 2 , Article 121 
or Paragraph 2 , Article 129 of the Act, if the priority date thereof predates the 
implementation date of the amended Act, the implementation date of the 
amended Act shall be regard ed as the priority date.  
Rule 90 
These Enforcement Rules shall enter into force on January 1, 2013 .  
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