1 
 Enforcement Rules of the Patent Act  
(2017) 
 
1. Announced on September 26, 1947; entered into force on January 1, 1949  
2. Amended on August 16, 1958  
3. Amended on August 22, 1973  
4. Amended on October 2, 1981  
5. Amended on April 18, 1986  
6. Amended on July 10, 1987  
7. Amended on October 3, 1994  
8. Amended on November 6, 2002  
9. Amended on April 7, 2004; effective on July 1, 2004  
10. Amended on August 19, 2008  
11. Amended on November 16, 2010  
12. Amended on  November 9, 2012; entered into force on January 1, 2013  
13. Amended on November 6, 2014; entered into force on November 8, 2014  
14. Amended on March 7, 2016; entered into force on March 9, 2016  
15. Amended on June 29, 2016; ent ered into force on July 1, 2016  
16. Amended on April 19, 2017; entered into force on May 1, 2017  
  
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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 app ointed by the 
applicant. T he 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 thes e 
Enforcement Rules 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 mad e 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 termino logy with its original 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 evidence  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.   
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 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 da te appears 
to be ambiguous shall be 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 applicant, the 
document(s)  of proof  shall accompany such request. This provision shall not 
apply where the change thereto needs not be proved by document(s) . 
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 o r document (s) of 
proof of  the a ssignment; 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 ap plicant  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 agents  for patent application and other proceeding s are designated , 
the number of agents shall not exceed three (3).  
Where two or more agents  are designated , each of them may act on behalf of 
the applicant sev erally.   
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 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 Agen cy, such change has no effect to  the Specific Patent 
Agency.  
Any change to the agent’s address shall be reported to the Specific Patent 
Agency.  
Rule 10  
The agent  may take an y action within the extent of power conferred upon.  
However, actions of designat ing or dischar ging a n 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 sh all 
notify the applicant to complete the requirements 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 reinstatement 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 Application 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 info rmation that is open to the 
public . 
The period of twelve (12) months in Paragraph 3, Article 22 of the Act is 
calculated from the day following the occurrence of the facts prescribed under 
the same paragraph to the filing date prescribed under Paragraph 2,  Article 25 
of the Act. Where there are more than one of the facts prescribed under  
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 Paragraph 3, Article 22 of the Act, the above -mentioned period shall be 
calculated from the day following the occurrence of the first of these facts.  
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.  
In the preceding paragraph, the time of filing 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 contribution, with respect to the 
disclosure of the invention made by the predecessor, assignor, employee or 
appointee prior to the filing, the provisions of Paragraph s 3 and 4 , Article 22 
of the Act shall apply.  
Rule 16  
When filing a patent application fo r invention, the application form  shall 
specify  the following items:  
1. title of invention;  
2. name and nationality of the inventor;  
3. name, nationality, and domicile/residence or business establishment of the 
applicant; name of the representative , if any ; and 
4. name and business establishment of the agent , if an agent  is designated.  
Under any of the following circumstances, a statement shall be made at the 
time of filing:  
1. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claim ed;  
2. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed; and  
3. where the declaration is made in respect of a patent application for 
invention and a patent application for utility model filed for the same creation 
on the s ame date as prescribed under Paragraph 1, Article 32 of the Act.  
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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 3. background art: indicating the backgro und 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 a dvantageous effects of the invention with reference to the background 
art; 
5. brief description of drawing (s): where the description is accompanied by 
drawing (s), description of the drawing (s) shall be made in concise wording 
according to the drawing seque nce; 
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 manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be 
preceded by a heading; unless, owing to the nature of the invention, a 
different presentation would result in  a better understanding.  
The paragraphs of the description may be 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 deposit number. In the event that, prior to filing the patent 
application, the biologica l 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 descript ion, 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 disclosu re 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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 be consecutively arranged in Arabic numerical sequence  according to their 
dependent relations.  
An indepen dent 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 o f 
a dependent claim is made, it shall contain all the technical features of the 
claim(s)  on which the dependent claim  depends.  
A dependent claim depending on two or more claims shall be referred to as a 
multiple dependent claim and shall be presented in alternative.  
A dependent claim may only depend on the preceding dependent or 
independent claim(s). Howev er, 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 but not 
drawing(s).  
A technical feature in a claim for an invention which consists of a combination 
of multiple technical features may be expressed in means -plus -function or 
step-plus -function language.  Such claim shall be interpreted to cover the 
corresponding structure, materi al, 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 tech nical features that the subject matter as 
claimed and the prior art are in common; the characterizing portion shall state  
the essential technical features of the invention which distinguish the subject 
matter as claimed from the prior art in such phase  as “characterized in that,” 
“wherein the improvement comprises ,” or in similar expressions.   
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 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 abst ract 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 principal  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 designate a representative drawing that can best 
characterize the technical feature(s) of the invention and list the primary 
reference sign(s)  in the representative drawing accompanied by brief 
description (s). 
In case of failure to designate a representative drawing or inappropriate 
designation of a representative drawing, the Specific Patent Agency may 
notify the applicant to complete the requirements within  a specified time limit, 
or notify the applicant of the designati on or deletion being made ex officio . 
Rule 22  
In a patent application for invention, the technical terminology and the 
reference sign(s)  used in the description, claim (s), and abstract shall be 
consistent.  
The description, claim (s), and abstract referred to in the preceding paragraph 
should be typed or printed.  
Where the description, claim (s), and abstract are filed in a foreign language, 
the submitted  Chinese translation thereof shall be precise and complete.  
Rule 23 
In a patent application for invention, the drawing(s)  shall be made  clearly 
with ink lines based on the engineering drawing method; when scaled  down  
to two -thirds, all the details disclosed in  each drawing  shall  still be clearly 
distinguished.  
The drawing(s)  shall be annotated with drawing designation(s)  and reference 
sign(s) , arranged according to the drawing sequence , and shall not specify  
descriptive words, unless otherwise indispensable.   
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 Rule  24 
In the event that parts of the description or the drawing(s) are missing from 
the patent applicat ion for invention, the filing date shall be the date on which 
the missing parts of the description or the drawing(s) are filed. However, the 
filing date shall be the date on which the application was first filed under any 
of the following conditions:  
1. where the application claims priority of an earlier application, and the 
missing parts of the description or the drawing(s) are completely contained in 
the earlier application; or  
2. where the applicant withdraws the earlier filed missing parts of the 
descri ption 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 a bove 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 World 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 of 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 certi fied copy .    
In the event that the priority document submitted by the applicant within the 
time limit prescribed under Paragraph 2, Article 29 of the Act is a photocopy, 
the Specific Patent Agency shall notify the applicant to submit the certified 
copy th ereof 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 th e event  that the certified priority 
document  has already been submitted to the Specific Patent Agency, a 
photocopy specifying the number of the patent application to which the 
certified priority document  appends  may be submitted as a substitute.  
In the eve nt 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.  
The certified copy referred to in Paragraph 1 may be replaced with the 
electronic version thereof in compliance with the requirement of the Specific 
Patent Agency; an explanation that this electronic version is identical t o the 
certified copy shall be made.  
Rule  26-1 
Where the priority is claimed pursuant to Paragraph 1, Article 30 of the Act, 
in the event the certificate fee and the first -year annuity with respect to the 
earlier patent application is paid pursuant to the A ct, either at the same time, 
prior to or after the claiming of priority, the Specific Patent Agency shall 
notify the applicant to withdraw within the specified time period either the 
priority claim of the subsequent patent application or the request for pa tent 
certificate of the earlier patent application. If a withdrawal has not been made 
within the specified time period, the earlier patent application shall not be 
published and the Specific Patent Agency shall notify the applicant that the 
certificate fee  and the first -year annuity may be refunded by request.  
Rule  26-2 
The so -called “on the same date” prescribed under Paragraph 1, Article 32 of 
the Act shall mean a patent application for invention and a patent application 
for utility model having been filed in accordance with, respectively, 
Paragraph 2, Article 25 and Paragraph 2, Article 106 of the Act, and having 
the same filing date. In the event that the priority claims are made, the 
priority dates shall also be the same.  
The situation where the app licant has not made respective declarations as 
prescribed under Paragraph 1, Article 32 of the Act includes the applicant not 
having made any declaration for both the patent application for invention and 
the patent application for utility model, or the app licant not having made any 
declaration for either of the two applications.  
In the event that the utility model patent becomes extinguished or is revoked 
finally and bindingly after the approval of the patent application for 
invention but prior to the publi cation of that invention patent, the invention 
patent shall not be published.  
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.   
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 The so -called “special technical feature s” referred  to in the prec eding 
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 d etermination 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 requesting for division of  a patent application for invention, a request  
form shall be submitted for each divisional patent application, accompanied 
by the following documents:  
1. description , claim (s), abstract , and drawing (s); and 
2. where the  patent application for invention 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 priority prescribed under Paragraph 1 , Article 28 of the Act  is 
claimed ; or 
2. where the priority prescribed under  Paragraph 1, Article 30 of the Act  is 
claimed . 
The divisional  patent  application shall not differ from the original patent  
application  in its type . 
Rule 29  
Where a request for division  is filed pursuant to Subparagraph  2, Paragraph 2, 
Article 34 of the Act after the original  patent application has been 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 preceding 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 submitted 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:   
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 1. application number;  
2. laying 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 establishment of the applicant;  
9. name of the agent, if a n agent is designated ; 
10. abstract;  
11. the drawing that can best characterize the technica l 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 prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective application number (s) and filing date (s) thereof; and  
14. status  for whether a request for substantive examination has been applied.  
Rule 32  
When request ing for a substantive examination of a patent application for 
invention, a request form shall be submitted, specifying the following items:  
1. application number;  
2. title of invention;  
3. name, nationality, and domicile/residence or business establishment of the 
applicant  for substantive examination; the name of the representative , if any; 
4. name and business establishment of the agent , if a n 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 of invention;   
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 3. name, nationality,  and domicile/residence or business establishment of the 
applicant  for prioritized examination; the name of the representative , if any; 
4. name and business establi shment of the agent, if a n 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 inventio n; 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 su bstantive 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 
Where the Specific Patent Agency notifies the applicant to appear for an 
interview, to perform experiment, to supplement model(s) or sample(s), or to 
amend the  description, claim (s), or drawing(s),  in case of failure to act within  
the specified time  limit, or to conduct any act pursuant to the contents of the 
notification, the Spe cific 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.  
Rule 36  
When requesting for amending the description, claim (s), or drawing (s) of a 
patent application for invention, 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 p resented 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 drawing (s) after the 
amendment  without marks; in case the page sequence , claim sequence , or 
drawing sequence of the description, claim (s), or drawing (s) are not  
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 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 prece ding 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 remainin g 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 accordin g 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 
Subparagraph 2, Paragraph 2 of this Rule shall state the respective grounds 
prescr ibed under Paragraph 4, Article 43 of the Act . 
Rule  37 
When requesting for correcting the description, claim (s), or drawing (s) due to 
translation errors, a request form shall be submitted and accompanied by the 
following documents:  
1. the corrected sheet(s) of the description or claim(s) on which the portions of 
the correction are marked; the original disclosure to be deleted shall be 
presented by a strike line crossing out the deleted text (s); the added 
disclosure shall be presented by underlining t he added text (s); and   
2. the replacement sheet(s) of description, claim (s), or drawing (s) after 
correction  without marks.  
The request  form referred  to in the preceding paragraph shall specify  the 
following items:  
1. where a correction is made to the desc ription, the page number(s) , 
paragraph number(s) , and line number(s)  thereof , reasons for correction, and 
the page number(s) , paragraph number(s),  and line number(s)  of the 
corresponding description in the application in foreign language;  
2. where a correction is  made to the claim(s) , the number (s) thereof , reasons 
for the correction, and the claim number (s) of the corresponding claim (s) in 
the application in foreign language;    
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 3. where a correction is  made to the drawing(s) , the designation(s)  thereo f, 
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 draw ing(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 amendment  may be submitted.  
In case a correction of translation error(s) and a post -grant amendment are 
simultaneously made to the description, claim(s), or drawing(s) of the 
invention patent, the above provision shall apply.  
Rule 39  
Subsequent to laying open 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 evidence thereof.  
Chapter 3  Application 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 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 the description  or the drawing(s)  are completely contained in 
the earlier a pplication; 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  
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 mutandi s 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 the filing date prescribed under  Paragraph 2,  Article 106 of the Act.   
16 
 The period of twelve (12) months prescribed under  Subparagraph 1, 
Paragraph 1  of Article 30 applicable mutatis mutandis  under Article 120  of the 
Act is calculated from the day following the filing date of the earlier patent 
application to the filing date prescribed under  Paragraph 2, Article 106 of the 
Act. 
Rule  42 
When request ing for a technical evaluation report of utility model patent 
pursuant to Paragraph 1, Article 115 of the Act , a request form shall be 
submitted specify ing the following items:  
1. application number;  
2. title of utility model ; 
3. name, nationality, and domicile/residence or business establishment of the 
applicant  for the technical evaluation report of utility model patent ; the name 
of the representative , if any; 
4. name and business establishment of the agent , if a n agent  is designated ; 
and 
5. identification of whether the requester  is the patentee.  
Rule  43 
The re levant  document (s) of proof  to be submitted pursuant to Paragraph 5, 
Article 115 of the Act  shall include: a written notice  issued by the patentee to a 
party not entitled to exploit the patent for commercial purpose, advertising 
catalogues, or other writte n materials reflecting the facts of commercial 
exploitation.  
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;  
3. filing date;  
4. priority date;  
5. the date that a request for rendering a technical evaluation report  is made;  
6. title of utility model;  
7. name and domicile/residence or business 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. name of the patent examiner;   
17 
 11. international patent classification;  
12. range of prior art documents;  and 
13. comparative 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 publicati on” in Article 122 of the Act shall mean 
documents or other storage medi a carrying information that is open to the 
public.  
The period of six (6) months in Paragraph 3, Article 122 of the Act is 
calculated from the day following the occurrence of the facts prescribed under 
the same paragraph to the filing date prescribed under Paragraph 2, Article 
125 of the Act. Where there are more than one of the facts prescribed under 
Paragraph 3, Article 122 of the Act, the above -mentioned period shall be 
calculated fro m the day following the occurrence of the first of these facts.  
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 4 8 
Where a person has obtained the right to apply for patent due to inheritance, 
assignment, employment or capital contribution, with respect to the 
disclosure of the design made by the predecessor, assignor, employee or 
appointee prior to the filing, the p rovisions of Paragraphs 3 and 4, 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;   
18 
 2. name and nationality of the designer ; and 
3. name, nati onality, and domicile/residence or business establishment of the 
applicant; the name of the representative , if any; and 
4. name and business establishment of the agent , if an agent  is designated ; 
Where the priority prescribed under Paragraph 1, Article 28 applicable 
mutatis mutandis  under Paragraph 1, Article 142 of the Act is claimed, a 
statement thereof shall be made at the time of filing.  
When filing  a patent application for derivative design , the application 
number of the original patent application for design shall be specified in the 
request form , in addition to the items  stated  in the preceding two paragraphs.  
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  Subparagraph  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) . 
Rule 51  
The title of design shall clearly designate the article to which the design 
applied; irrelevant word ing is not allowed . 
The purpose of article serves to facilitate description of usage, function, and 
the like of the article to which the design applied.  
The d escription of design  serves to facilitate 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  and 
whose appearance(s) may change, 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  statement may  be made in the description of design  when 
necessary u nder any of the following circumstances:   
19 
 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 ref erence 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, and description 
of design  in the description shall be consistent.  
The description referred to in the preceding paragraph should be typed or 
printed.  
Where foreign language document(s) is submitted pursuant to the Paragraph 
3, Article 125 of the Act , the description shall contain the precise  and complete 
translation.  
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 drawing (s) shall contain a perspec tive 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 left side view, a right side view, a  top view, a 
bottom view, a plan view, an element view , or other auxiliary views.  
The drawing (s) shall be made  clear with ink lines , computer drafting, or 
photographs  based on engineering drawing method; when scaled down to 
two-thirds, all the details disc losed 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 present ed in a manner by which the different parts can be 
clearly distinguished . 
A drawing annotated as reference shall not be the scope of a design patent, 
but shall be used to describe an article to be applied or an environment of use.  
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 i nappropriate 
designation of a representative drawing, the Specific Patent Agency may  
20 
 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 the event that pa rts 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 applica tion; or  
2. where the applicant withdraws the earlier filed  missing parts of the 
description  or parts of the drawing(s)  within thirty (30) days after being  
served with a notification  confirming the filing date by the Specific Patent 
Agency.  
Where the description or drawing(s)  referred to in the preceding paragraph 
are submitted in a foreign language, the above provisions shall apply.  
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. 
Rule 57 
The so -called “same class” prescribed under Paragraph 2, Article 129 of the 
Act shall mean article s categorized under the same Class in the International 
Classification for Industrial Design s. 
Rule 58  
When requesting division of a patent appl ication for design, a request form 
for each divisional patent application shall be submitted and accompanied by 
description and drawing(s).  
Where the priority prescribed under Paragraph 1, Article 28 applicable 
mutatis mutandis  under Paragraph 1, Article 1 42 of the Act is claimed, a 
statement thereof shall be made at the time of filing the request form for each 
divisional patent application.  
The divisional patent application shall not differ from the original patent  
application  in its type .  
21 
 Rule 59  
When requesting 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 a re 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 drawin g(s) after the 
amendment without marks.  
The request  form referred  to in the preceding paragraph shall specify  the 
following items:  
1. where an amendment is made to the description, the page number(s)  and 
line number(s)  thereof and reasons for the amendment ;  
2. where an amendment is made to the drawing(s) , the title(s) thereof and 
reasons for the amendment . 
Rule 60  
When requesting 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 Chapter are applicable  to derivative design patent.   
22 
 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 
Subparagraph  3, Paragraph 1, Article 59  and Paragraph 1 , Article 99  of the 
Act shall mean prior to  the priority date.  
Rule 63  
When requesting 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 requesting for recordation of patent right succession  due to 
amalgamation or acquisition of companies, the documents to be submitted in 
the preceding parag raph are document (s) of proof with respect to the 
amalgamation  or acquisition . 
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 o f trust or 
document (s) of proof  with respect to such termination of the trust relation;  
3. for recordation of attribution of trusted patent right upon termination of the 
trust relation and the acquisition of patent right by a third party, the deed of 
trust or document (s) of proof  with respect to such trust attribution ; 
4. for alteration of other matters in the recordation of trust, document (s) of 
proof  with respect to such alteration.   
Rule 65  
In requesting for recordation of licensing of pate nt right, a request form shall 
be submitted 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  
23 
 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 document (s) of proof  referred to in Subparagraph  1 
of the preceding paragraph shall specify the following items:  
1. title or certificate number of the invention, utility model , or design patent;  
and 
2. type, scope, local ity and term of license.  
Whe re the patentee licenses others to exploit part of the claims, the scope 
referred to in Subparagraph  2 of the preceding paragraph shall specify  the 
number (s) of the licensed claim(s) . 
The expiration date of the licensed term referred to in  Subparagraph  2 of 
Paragraph 2 shall not be later than the expiration date of the patent term.  
Rule 66  
In requesting for recordation of sub -licensing of patent right, a request  shall 
be submitted by the  licensee  or the sub-licensee and accompanied by  the 
following documents:  
1. for recordation of sub -licens ing, the sub-license contract or document(s) of 
proof  with respect to such sub -licensing ;  
2. for alteration of the recordation of sub -licensing , document (s) of proof  with 
respect to such alteration;  
3. for deletion of sub -licensing recordation , a letter consenting deletion of the 
sub-licensing  recordation issued by the sub-licensee, a judgment of the court 
along with a certificate stating the judgment is final and bin ding,  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 Subparagraph  1 of the preceding paragraph .  
The sub-license d scope is limited  to the original license d scope.  
Rule 67  
In requesting for recordation of pledge 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 recorda tion of pledge establishment , the pledge agreement or 
document(s) of proof  with respect to such establishment;   
24 
 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 discharge of pledged liabilities , a letter consenting deletion 
of pledge establishment recordation issued by the pledgee,  a judgment of the 
court along with a certificate stating the judgment is final and binding , or 
document s which legally have the  equivalent effect as a final and binding  
judgment of the court.   
The agreement or document(s) of proof referred to in  Subparagraph  1 of the 
preceding paragraph shall specify the  following items:  
1. title or certificate number of the invention, utility model or design  patent ; 
and 
2. amount of credit pledge d and the term of the pledge establishment . 
The expiration date of the  term of the pledge establishment referred in  
Subparagraph  2 of the preceding paragraph shall not be later than the 
expiration date of the patent term.  
Upon  recordation under the first paragraph with  the Specific Patent Agency, 
the 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 submitte d. 
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 requesting for amending the post -grant description , claim (s), or 
drawing (s) of a patent pursuant to Article 67 of the Act, a request form shall 
be submitted and accompanied by the following documents:  
1. the replacement sheet(s) of the description and drawing(s)  after the post -
grant 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 .  
25 
 The requ est form referred to in the preceding paragraph shall specify the 
following items:  
1. where a post -grant amendment  is made to the description, the page 
number(s) , paragraph number(s) , line number(s)  thereof , the contents 
amended,  and reasons for the post -grant amendment ; 
2. where a post -grant amendment  is made to the claim(s) , the claim( s) thereof , 
the contents amended,  and reasons for the post -grant amendment ;  
3. where a post -grant amendment  is made to the drawing(s) , the designation(s)  
thereof and reason s 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 P aragraph 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.  
When  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 
extingu ished 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 revoke  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 inva lidation 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 shal l state the ground(s) asserted b y the invalidation  action  and specific 
facts, as well as explain  the relationship between the respective specific fact s 
and the evidence.   
26 
 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 results ; 
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 respond  within  the specified time  limit  or the post -grant 
amendment shall still be rejected despite the response,  the Specific Patent 
Agency may procee d with the examination based on the materials available.  
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 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 requesters and the patentee of 
the reasons and evidence on which the  respective invalidation actions rely . 
The invalidation requesters and the patentee may each submit their 
comments or a response with respect to th e reasons and evidence on which 
the respective invalidation actions rely within a time limit spec ified 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 requestin g for  a compulsory licens e, a request  form  specify ing the 
reasons for the request thereof shall be submitted  and accompanied by a  
detailed project for exploitation and relevant document(s) of proof .  
27 
 When requesting for  repeal  of a compulsory licens e, a req uest form specify ing 
the ground(s)  for the repeal thereof shall be submitted and accompanied by 
the document(s) of proof . 
Rule 78  
Where, pu rsuant to Paragraph 2, Article 88 of the Act, the exploitation under 
compulsory licensing shall be authorized predomi nantly for the supply of the 
domestic market , the Specific Patent Agency shall , in the d ecision approving 
compulsory licens ing, specify  that the following items  be disclosed by the 
licensee  in an appropriate manner:  
1. information on t he exploitation of the compulsory licens e; and 
2. the quantity and flow of products  manufactured . 
Rule 79  
Marking of a patent certificate  number prescribed under  Article 98 of the Act 
shall not be made after the patent is extinguished or its revocation becomes 
final and binding , unless a patent certificate  number has been marked on the 
patented article and the patented article has been circulated into the market 
before the patent is extinguished or its revocation becomes final and binding . 
Rule 80  
Where a patent certifica te is destroyed, lost or damaged to the extent that it is 
no longer usable, the patentee shall apply for issuance of a replacement or a 
substitution, stating the reasons in writing.  
Rule 81  
When requesting for a post -grant amendment to the description or drawing(s)  
pursuant to Article 139 of the Act, a request form shall be submitted and 
accompanied by a complete set of description or drawing(s)  after the post -
grant amendment without marks.  
The request form referred to in t he preceding paragraph shall speci fy 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 P aragraph 2 shall 
specify the applied provision (s) of Paragraph 1, Article 139 of the Act.   
28 
 When  request ing for a post -grant amen dment 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;  
6. where the priority prescribed under Paragraph 1, A rticle 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. w here 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. name of the licensee and date of recordation 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. cause(s) and date of issuance of replacement of  patent certificate ; 
15. extension  or prolongation of patent term and the date of approval;  
16. cause(s) and date of the extinguishment or revocation of a patent; for an 
invention or a utility model patent, where part s of the claims are deleted or 
revoked , the number(s) of such part s of claims shall be specified ; 
17. name of the depository, date of deposit , and depository number; and  
18. any other matters with respect to the patent  or prescribed by laws . 
Rule 83  
Whenever a patent is published b y the Specific Patent Agency, the following 
items shall be listed  in the Patent Gazette:   
29 
 1. patent certificate number;  
2. publication date;  
3. laying open number and laying open date for an invention patent ; 
4. international patent classification  or the international classification for 
industrial designs ; 
5. filing date;  
6. application number;  
7. title of invention, utility model or design;  
8. name(s) of the inventor(s)  of the invention , the creator(s) of the utility 
model or the designer (s) of the design;  
9. name and domicile/residence or business  establishment of the applicant;  
10. name of the agent , if an agent  is designated ; 
11. claim(s) and drawing (s) of the invention patent or the utility model patent; 
drawing (s) of the design patent;  
12. brief description of drawing (s) or description of design;  
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member receiving the respective 
first patent application (s), application number (s) and filing date (s) thereof;  
14. w here the pri ority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective application number (s) and filing date (s) thereof; and  
15. for an invention involving a biological material or utilization of a 
biological material, name of the depository,  the deposit date and the deposit 
number; and  
16. the declaration that a patent application for invention in respect of the 
same creation is filed by the same person on the same date.  
Rule 84  
Whenever a request for a post -grant  amendment is approved b y the  Specific 
Patent Agency, the following items shall be published in the Patent Gazette:  
1. patent certificate number;  
2. publication date of the patent;  
3. application number;  
4. title of invention, utility model or design;  
5. name of the patentee; and  
6.  amended contents .  
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 Rule 85  
Whenever an invalidation decision  is rendered b y 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 establishment of the patentee;  
4. name of the invalidation requester ; 
5. name of the agent , if an agent  is designated ; 
6. date of filing of the invalidation  action ; 
7. syllabus  of the decision; and  
8. reasons of the decis ion. 
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 six (6) 
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 pursuan t to the Act 
within  a specified time limi t but  the applicant fails to retrieve  such items 
within the specified time  limit, the Specific Patent Agency m ay dispose of 
these items at its discretion . 
Rule 88  
For a ny application filed pursuant to the Act and th ese Enforcement Rules, 
the form , description, 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 the request form , shall  conform to the 
designated written format  prior to the implementation of this amended Act: 
1. a patent application for invention or utility model filed with in three (3) 
months after implementation of this amended Act;  
2. for an application filed i n a foreign language prior to  implementation of 
this amended Act, the description, claim(s) , drawing(s)  or description of  
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 drawing (s) submitted within  six (6) months after implementation of th is 
amended Act; or 
3. for an application filed prior to  implementation of this amended Act or 
pursuant to Subparagraph  1, when applying for an amendment or a post -
grant amendment after implementation of this amended Act, the amended  
description, claim(s) , drawing(s)  or description  of drawing (s). 
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 regarded as the priority date.  
Rule 90  
These Enforcement Rules shall enter into force on January 1, 2013 .  
The amendment of these Enforcement Rules, except that the April 19, 2017 
amendment shall be effective on May 1, 2017, shall enter into force following 
its promulgation date.