1 Patent Act   
(as amended in 2017) 
 
1. Promulgated on May 29, 1944; effective on January 1, 1949  
2. Amended on January 22, 1959  
3. Amended on May 12, 1960  
4. Amended on April 16, 1979  
5. Amended on December 24, 1986  
6. Amended on January 21, 1994  
7. Amended on May 7, 1997;  effective on January 1, 2002  
8. Amended on October 24, 2001  
9. Amended on February 6, 2003; effective on July 1, 2004 except that 
Article 11 becomes effective on the date of promulgation, and that the 
deletion of Article 83, Article 125, Article 126 and Artic le 128 to Article 
131 become effective on March 31, 2003.  
10. Amended on August 25, 2010; effective on September 12, 2010  
11. Amended on December 21, 2011; entered into force on January 1, 2013  
12. Amended on June 11, 2013; entered into force on June 13, 2013  
13. Amended on January 22 , 2014 ; entered into force on March 24, 2014  
14. Amended on January 18, 2017, entered into force on May 1, 2017  
 
 
 2  
Table of Content  
Chapter 1 General Provisions  
Article 1 Purpose  
Article 2 Categories of patents  
Article 3 Competent authority  
Article 4 Acceptance of foreign application  
Article 5 Right to apply for patent  
Article 6 Transference and pledge of patent  
Article 7 Invention made in the performance of duties  
Artic le 8 Invention irrelevant to the performance of duties  
Article 9 Protection of employees’ legitimate rights  
Article 10 Agreement on ownership  
Article 11 P atent agency  
Article 12 Joint application  
Article 13 Joint ownership of the right to apply for patent  
Article 14 Recordation to have Locus standi  against a third party: transference 
of right to apply for patent  
Article 15 Duty of confidentiality of staff members and patent examiners  
Article 16 Avoiding conflict of interests by patent examin ers 
Article 17 Delay and reinstatement  
Article 18  Service by publication  
Article 19 E -filing  
Article 20 Calculation of t ime periods  
Chapter II Invention Patent  
Section 1: Patentability  
Article 21 Definition of invention  3 Article 22 Substanti al conditions  
Article 23 Deemed as lack of novelty  
Article 24 Statutory exclusion  
Section 2: Application  
Article 25 Fili ng date  
Article 26 Disclosure  
Article 27 Deposit of biological material  
Article 28  Priority claim under WTO membership, etc.  
Article 29  Claim of priority  
Article 30  Priority claim based on earlier application  
Article 31 First -to-file principle  
Article 32 One creation applie d for invention patent and utility model patent  
Article 33  Invention Patent  
Article 34 Division of application  
Article 35  Invalidation action filed by the  owner of the right to apply for a 
patent  
Section 3: Examination and Reexamination  
Article 36  Assignment of a patent examiner for examination  
Article 37  Early publication of patent application  
Article 38  Request for substantive examination  
Article 39 Request procedure s for substantive examination  
Article 40  Prioritized examination of  a patent application for invention  
Article 41  Effect of laying open an application  
Article 42  Interview and inspection in examination of application  
Article 43 Amendment during examination; final notice  
Article 44  Foreign language documents  
Article 45  Decision of examination  4 Article 46 Grounds for decision  of rejection  
Article 47  Publication of patented invention and application for browsing  
Article 48  Reexamination  
Article 49  Ame ndment during reexamination  
Article 50  Assignment of a patent examiner for reexamination  
Article 51 Confidentiality of invention involving national security  
Section 4: Patent Rights  
Article 52  Payment of fees and publication  
Article 53 Extension of patent term  
Article 54 Deemed to have been  extended  
Article 55 Assignment of a patent examiner for extension request  
Article 56 Scope of patent term extension  
Article 57 Invalidation of patent term extension  
Article 58 Effects of invention patent right  
Article 59 Limitations of patent right  
Article 60 Limitations of patent right: research and trials of pharmaceutic als 
Article 61 Limitations of patent right: dispensation of medicines  
Article 62 Recordation to have locus standi  against a third party: transference 
of patent right  
Article 63 Sub -licens ing 
Article 64 Disposal of jointly -owned patent right  
Article 65 Disposal of one’s own share of jointly -owned patent right  
Article 66 Prolongation of patent term  
Article 67 Post -grant a mendment of invention patent  
Article 68  Examination of post -grant amendment  
Article 69 Res triction on abandon ing or amend ing patent right  
Article 70 Extinguishment of patent right  5 Article 71 Grounds for invalidation  
Article 72 Invalidation agai nst extinguished patent  
Article 73 Invalidation action  
Article 74 Invalidation proceedings  
Article 75  Principle of ex officio  
Article 76 Interview and inspection in invalidation proceedings  
Article 77  Consolidated  proceedings of invalidation and post -grant 
amendment  
Article 78 Consolidated  proceedings of mu ltiple invalidation actions  
Article 79 Assignment of a patent examiner for invalidation  
Article 80  Withdrawal of invalidation  action  
Article 81  Principle of ne bis in idem  
Article 82  Decision of invalidation action  
Article 83  Procedures to be applied mutatis mutandis  to invalidation  action  
against patent term extension  
Article 84 Publication in the Patent Gazette  
Article 85 Patent Registry  
Article 86 Publication by electronic means  
Section 5 Compulsory Licen sing  
Article 87 Grounds for compulsory licensing  
Article 88 Procedure and decision of compulsory licens ing 
Article 89  Repeal  of a compulsory license  
Article 90 Compulsory licensing of pharmaceuticals: grounds  and procedures  
Article 91  Compulsory licensing of pharmaceuticals: export  and remuneration  
Section 6: Payment of Fees  
Article 9 2 Fees  
Article 9 3 Time period for payment of annuity  6 Article 94 Addition of annuity  
Article 95 Reduction of annuity  
Section 7 Damages and Litigation Action  
Article 96 Right to claim in the event of patent right infringement  
Article 97 Calculation  of damages  
Article 97 -1 Border measures: detention request, security and counter security  
Article 97 -2 Border measures: repeal of detention and subsequent procedures  
Article 97 -3 Border measures: compensation and return of security  
Article 97 -4 Border measures: formulation of procedural regulations  
Article 98 Marking of patent certificate number  
Article 99 Presumption of manufactur ing process used  
Article 100 Forwarding a certified  copy of judgment  
Article 101 Acceleration of invalidation p roceedings  
Article 102 Unrecognized foreign juristic person or organization  
Article 103 Patent infringement assessment  
Chapter III  Utility Model Patent  
Article 104 Definition  
Article 105 Statutory exclusion  
Article 106 Filing date  
Article 107 Division of application  
Article 108 Conversion of application  
Article 109 Amend ing patent  application  
Article 110 Foreign language documents  
Article 11 1 Decision of Formality Examination  
Article 112 Formality examination  
Article 113 Grant of patent; publication  
Article 114 Patent t erm 7 Article 115  Request for technical evaluation report  
Article 116  Presentation of technical report  
Article 117  Liability of damages; immunity  
Article 118 Post -grant a mendment of utility model patent  
Article 119 Grounds for invalidation  action  
Article 120 Provisions applied mutatis mutandis  to utility model patent  
Chapter IV  Design Patent  
Article 12 1 Definition of design  
Article 122 Substantial conditions  
Article 123 D esign d eemed as lack of novelty  
Article 12 4 Statutory exclusion  
Article 125  Filing date  
Article 126 Disclosure  
Article 127 Application and restriction of derivative design patent  
Article 128 First-to-file principle  
Article 1 29 Unity; design for a set of articles  
Article 13 0 Division of application  
Article 13 1 Conversion between design patent and derivative design patent  
Article 132 Conversion into design patent  
Article 13 3 Foreign language documents  
Article 134 Grounds for rejection decision  
Article 135 Patent t erm 
Article 136 Effects of design patent right  
Article 137 Claim of derivative design pat ent 
Article 1 38 Disposal of derivative design patent  
Article 139 Post -grant a mendment of design patent  
Article 140 Restriction on abandoning design patent  right  8 Article 141 Grounds for invalidation  
Article 142  Provisions applied mutatis mutandis  to design patent  
Chapter V  Supplementary Provisions  
Article 143  Preservation of patent files  
Article 144 Prescription of regulations governing awards for creations  
Article 145  Pres cription of regulations governing submission of foreign 
language documents  
Article 146  Prescription of regulations governing fees  
Article 147  Transitional provisions: patent term extension  
Article 148  Transitional provisions: patent term  
Article 149  Transitional provisions: pending cases  
Article 150 Transitional provisions: Priority claim b ased on earlier application; 
division  
Article 151  Transitional provisions: grace period; design patent  
Article 152 Transitional provisions: deposit of biological material  
Article 153  Transitional provisions: Priority claim under WTO membership, 
etc. 
Article 15 4 Transitional provisions: request for patent term extension  
Article 155  Transitio nal provisions: no revival of extinguished patent right  
Article 15 6 Transitional provisions: pending patent application for design  
Article 1 57 Transitional provisions : pending patent appli cation for associated 
design  
Article 1 58 Prescription of Enforcement Rules  
Article 1 59 Date of implementation  
 9  
Chapter 1 General Provisions  
Article 1  Purpose  
This Patent Act is formula ted to encourage , protect and utiliz e the 
creations of invention , utility model and design in order to promote industrial  
development.  
Article 2  Categories  of patent s 
The term "patent" referred to in this Act is classified into the following 
three  type s: 
1. invention patent;  
2. utility model patent; and  
3. design paten t. 
Article 3 Competent authority  
The "competent authority " referred to in this Act is the Ministry of 
Economic Affairs (hereinafter  referred to  as “the MOEA ”). 
Patent affairs shall be administrated  by a specific agency appointed by 
the MOEA.  
Article 4  Acceptance of foreign application  
A patent application filed by a foreign applicant  shall not be accepted if 
the home country of such foreign applicant is not a signatory to an 
international treaty for pro tection of patent right to which the Republic of 
China (ROC) is a signatory, or if the home country does not conclude with the 
ROC a treaty or an agreement for reciprocal protection of patent rights, or if 
no patent protection agreement is concluded by and  between organizations or 
institutions of the ROC and said foreign country  and approved by the 
respective competent authorit ies, or if the laws of  said foreign country do not 
accept patent applications filed by ROC nationals.  10 Article  5 Right to apply  for p atent  
The term "right to apply for a patent" shall mean the right to file a patent 
application in accordance with this Act. 
Subject to provisions of this Act otherwise prescribed  or the covenants 
otherwise set forth  in an agreement, the term "the owner of the right to apply 
for a patent" shall mean an inventor, a utility model creator , a designer , or the 
assignee or successor  thereof . 
Article  6 Transference  and pledge  of patent  
The right to apply for a patent or the patent right  is both assignable and 
inher itable.  
The right to apply for a patent shall not be taken as the subject of a 
pledge.  
In the case of taking a patent  right as the subject of a pledge, the pledgee 
shall not be allowed to exploit  the patent  right , unless it is otherwise provided 
for in an agreement.  
Article  7 Invention made in the performance of duties  
Where an invention , a utility model or a design  is made by an employee 
in the course of perform ing his/her duties, the right to apply for a patent and 
the patent right thereof shall be vested  in his/her employer and the employer 
shall pay the employee reasonable remuneration ; where there is an agreement 
providing otherwise, such agreement shall prevail.  
The so-called  "an invention, a utility model or a design  made by an 
employee in the course  of perform ing his/her duties" as set forth in the 
preceding paragraph shall mean the invention, utility model, or design  
completed by an employee in the course of performing his/her duties during 
the period of employment.  
Where a fund  provider appoints  another party to conduct research and 
development, the ownership of the right to apply for a patent and the patent 
right in connection with the outcome of such research and development shall 
be vested in the party as mutually agreed upon in an agreement  between both 11 parties, or such right s shall  be vested in the inventor , utility model creator or 
designer in the absence of such agreement . However, the fund  provider shall 
be entitled to exploit  such invention, utility model or design.  
Where the ownership of t he right to apply for a patent and the patent 
right are vested in the employer or the fund  provider pursuant to  Paragraph 1 
or the preceding paragraph , the inventor , utility model creator or designer 
concerned shall be entitled to a right to have his/her n ame shown as such . 
Article  8 Invention irrelevant to the performance of duties  
Where an invention, utility model or design  made by an employee has no 
connection  to the course of perform ing his/her duties, the right to apply for a 
patent and the patent righ t for such invention, utility model or design shall be 
vested in the employee . However, if such invention, utility model or design  is 
made through the utilization of the employer's resources or experience s, the 
employer may, after paying  the employee a reasonable remuneration, exploit  
the invention,  utility model or design  concerned in the enterprise.  
Upon completion of an invention, utility model or design  which has no 
connection to the course of an employee ’s perform ing his/her duties, the 
employee shall give the employer a written notice  regarding  such event , and 
shall  also inform the employer of the creative process , if necessary.  
If the employer fails to raise any objection to the employee within six  (6) 
months after  receiving  the employee's written not ice under the preceding 
paragraph, the employer  shall not claim that such invention, utility model or 
design  was made by the said employee in the course of perform ing his/her 
duties.  
Article 9  Protection of employee s’ legitimate rights  
An agreement conclud ed between an employer and an employee as 
stated in the preceding article , based on which the employee is precluded 
from enjoying legitimate rights and interests in respect of his/her invention, 
utility model , or design , shall be void.  12 Article 10  Agreement  on ownership  
Where an agreement has been reached by an employer and its employee 
regarding a  dispute over attribution of right (s) as set forth in Articles 7 and 8 
of this Act, the employer or employee concerned may  file a  request  along with 
relevant docum ent(s) of proof  with the  Specific Patent  Agency for change o f 
ownership of the right (s) involved. The Specific  Patent Agency may, as it 
deems necessary, notify the parties involved to submit document (s) relevant 
to any mediation, arbitration or court judgm ent rendered in accordance with 
other  laws  and regulations . 
Article  11 Patent agency 
An applicant may designate an agent to fil e patent applications and 
handl e patent -related matters  on his/her behalf . 
An applicant who has no domicile or business establish ment  in the 
territory of the ROC shall designate an agent to file patent applications and 
handle patent -related matters  on his/her behalf . 
Eligible  agent s shall be limited to patent  attorneys , unless otherwise 
provided for by laws and regulations.  
The q ualification and administration of patent  attorneys shall be 
separate ly prescribed by laws . 
Article 12 Joint application  
Where a right to apply for a patent is jointly owned, the patent 
application related thereto shall be filed by all the joint owner (s).  
Where two or more persons engage in any patent -related procedure 
other than filing a patent application, each of them may complete such 
procedure independently, except for making a withdrawal or an 
abandonment of a patent application,  filing  an application f or division or 
conver sion, or taking other actions for which this Act requires joint execution.  
However, if a representative is designated by a covenant, such covenant shall 
prevail.  
In the case of an event requiring joint execution as set forth in the 13 preceding two paragraphs, one of the joint owners  shall be appointed as the 
recipient of service of documents. In the absence of such recipient , the  Specific  
Patent Agency  shall name the first -listed joint owner  as the recipient and shall 
notify  other  (s) of such service matters . 
Article 13  Joint ownership of the right to apply for patent  
Where the right to apply for a patent is jointly owned, the right to apply 
for the patent shall not be assigned or abandoned without the consent of all 
joint owners . 
Where th e right to apply for a patent is jointly owned by two or more 
persons, none of the joint owners  shall assign his/her  own  share therein to a 
third party  without the consent of other joint owners . 
Where one of the owners of the right to apply for a patent ab andons 
his/her own  share, this share shall be vested in other joint owner(s) . 
Article  14 Recordation  to have Locus standi  against a third party : 
transference of right to apply for patent  
In the case of an inheritance or assignment of the right to apply for  a 
patent, the successor or the assignee shall have no locus standi  against any 
third party unless the patent application has been filed in the name of the 
successor or the assignee at the time of filing, or a request  has been filed 
thereafter with the Spe cific Patent Agency  for alter ing the recordation of 
applicant . 
The request  referred to in the preceding paragraph , whether for 
assignment or inheritance, shall be accompanied by document (s) of proof . 
Article 15  Duty of confiden tiality  of staff members  and patent examiner s 
While serving in the Specific  Patent Agency , staff member s or patent 
examiner s shall not apply for a patent or receive any rights or interests in 
connection with such patent directly or indirectly, except for inheritance . 
Staff members  or patent examiners of the Specific Patent Agency  are 
obligat ed to keep confidential any invention, utility model , or design, or the 
trade secret s of an applicant  which ha ve become known to or been possessed 14 by them in the course of performing their  duties ; whoever violates such 
obligation shall bear relevant legal responsibilit ies. 
The qualification of patent examiners shall be prescribed separately by 
laws.  
Article 16  Avoiding conflict of interests by patent  examiners  
Patent examiner s shall exclude themselve s from any of the following 
circumstances : 
1. where , for a concerned patent case,  the patent examiner or his/her 
spouse is the patent applicant, patentee, invalidation requester , patent a gent , 
a partner of the said patent agent or a person having employmen t relation ship  
with the patent agent ;  
2. where , for a concerned patent case,  the patent examiner is presently 
related to the patent applicant , patentee, invalidation requester  or the patent 
agent by consanguinity within the fourth degree  or by affinity wi thin the 
third degree;  
3. where , for a concerned patent case,  the patent examiner or his/her 
spouse and the patent applicant, patentee or invalidation requester  are 
co-oblige e(s), co-obligor (s), or debt -paying  co-obligor (s); 
4. where , for a concerned pate nt case,  the patent  examiner is or was the 
legal representative , the family head or a household member of the patent 
applicant, patentee or invalidation requester ;  
5. where , for a concerned patent case,  the patent examiner is or was the 
litigation agent  or the assisting party  of the patent applicant, patentee or 
invalidation requester ; or  
6. where , for a concerned patent case, the patent examiner  is or was a 
witness, an expert witness, an opposition requester  or an invalidation 
requester .  
Where a patent examiner  should have but did not exclude 
himself/herself  from performing his/her duties , the Specific Patent Agency  
may, upon  request  or on its own authority , revoke the measure (s) already 15 taken  and adopt an alternative  measure instead.  
Article  17 Delay an d reinstatement  
Unless otherwise provided in this Act, where a person filing a patent 
application or taking other proce eding s in connection with patent -related  
matters has  failed to comply within a statutory or specified time period , the 
application filed or the proceeding initiated  shall be dismissed . However, if 
the delay of not acting within a specified time period  has been remedied  
before the dismissal  decision  is served  by the Specific Patent A gency, such 
application or proceeding shall still be accept ed.  
If the delay of a statutory time period  is caused by natural calamit y or 
other cause (s) not attributable to the applicant, the applicant may , within 
thirty  (30) days after  cessation  of such cause, file a written  request with the 
Specific Patent A gency  stating  the cause(s)  for delay and requesting for 
reinstatement . An application for reinstatement shall not be accepted if the 
delay has exceeded one (1) year after  expiration of the statutory time period . 
While requesting  for reinstatement, the applicant  shall concurrently  
fulfill all obligations  that should have been fulfilled within the concerned time  
period . 
The preceding two paragraphs shall not apply to a delay of the ti me 
limits  as set forth in Paragraph 4 of Article 29 , Paragraph 4 of Article 52 , 
Paragraph 2 of Article 7 0, Paragraph  4 of  Article 29 applicable mutatis 
mutandis  under Article 12 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis  under Article 12 0; Paragraph 2 of  Article 7 0 applicable mutatis 
mutandis  under Article  120; Paragraph 4 of Article 29 applicable mutatis 
mutandis  under Paragraph 1 of Article 14 2; Paragraph 4 of Article 52 
applicable mutatis mutandis  under Paragraph 1 of Article 14 2, and Paragraph 2 
of Article 7 0 applicable mutatis mutandis  under Paragraph 1 of Article 14 2. 
Article 18  Serv ice by publication  
Where a n examination decision or any other document (s) cannot be 
served , such decision or document (s) shall be published in the Patent Gazette 
and shall be deemed to have  been served thirty (30) days after  publication.  16 Article 19  E-filing  
Application  for patent and other relevant proceedings may be processed 
electronically ; the implementation  of which shall be prescribed by the 
competent authority . 
Article 20  Calculation of time periods  
The duration of relevant time period s as specified in this Act shall not 
include the beginning date thereof.  
The duration of the patent righ t as specified respectively in Paragraph 3 
of Article 52 , Article 11 4 and Article 13 5 of this Act shall start to run from the 
filing date of the patent  application  concerned . 
Chapter II Invention Patent  
Section 1: Patentability  
Article 21 Definition of invention  
"Invention" means the creation of technical ideas , utilizing the laws of 
nature.  
Article  22 Substantial conditions  
An invention which is industr ially applicable may be granted  a patent 
upon application in accordance with this Act, except for the following:  
1. the invention was disclosed in a printed publication prior to the filing 
of the patent application;  
2. the invention was publicly exploited  prior to the filing of the patent 
application; or  
3. the invention was publicly known prior to the filing of the patent 
application.  
An invention that is without the circumstances prescribed  in the 
subparagraphs of the preceding paragraph but can be easil y made  by a 
person ordinarily skilled in the art based on prior art shall not be patented  . 
A disclosure made by or against the applicant’s will shall not be deemed 17 as one of the circumstances that would preclude the grant of an invention 
patent prescribed  in the subparagraphs of Paragraph 1 or the preceding 
paragraph, provided that the concerned patent application is filed within 
twelve (12) months after the date of the disclosure.  
For the publication in a gazette made in this country or a foreign country 
in accordance with the laws as the consequence of filing a patent application 
and made by the applicant’s will, the preceding paragraph is not applicable.  
Article  23 Deemed as lack of novelty  
Where an invention  claimed in a patent application for invention  is 
identical to an invention or utility model disclosed in the description , claim (s) 
or drawing (s) of an earlier -filed patent application for invention or utility 
model which is laid open or published after the filing of the later -filed patent 
application , an invention patent shall not be granted ; however, this shall not 
apply where the applicant of the later -filed  patent application is also the  
applicant of the earlier -filed patent application for invention or utility model . 
Article 24 Statutor y exclusion  
An invention patent shall not be granted in respect of any of the 
following : 
1. animals, plants, and essential biological processes for the production of 
animals or plants, except for processes for producing microorganisms ; 
2. d iagnostic, therapeutic and surgical methods for the treatment of 
humans or animals;  or 
    3. inventions contrary to public order or morality . 
Section 2: Application  
Article 25  Filing date  
A patent application for invention shall be filed with the Specific Patent 
Agency  by the owner  of the right to apply for a patent who is to provide an 
application form , a description, claim (s), an abstract, and the necessary 
drawing (s). 18 The filing date of a patent application for invention  shall be the date on 
which the application form , descriptio n, claim (s), and the necessary 
drawing (s) are provided  in full . 
Where an applicant  does not provide  a description, claim (s) and the 
necessary drawing (s) in Chinese  at the time of filing, but in a foreign language, 
and where the Chinese translation for the said documents is provided  within 
the time period  specified by the Specific Patent Agency , the filing date shall 
be the date on which the foreign language version  is originally provided .  
Where  the Chinese translation is not provided  within  the specified time 
period  as stated in the preceding paragraph, the patent application shall be 
dismissed; however , if the  Chinese t ranslation  is provided  before  the 
dismissal decision is served , the date on which the  Chinese t ranslation  is 
provided  shall be regarded as the filing date, and the foreign  language 
version shall be deemed  not to have  been provided . 
Article 26  Disclosure  
The description shall fully disclose the invention in a manner clear and 
sufficient for it to be understood and carried out by a person ordi narily skilled 
in the art . 
Claim(s)  shall define the claimed invention , and more than one claim  
may  be included therein . Each claim shall be disclosed in a clear  and concise 
manner and be supported by the description.  
An abstract shall clearly contain a summar y of the disclosed invention ; it 
shall not be taken into account for the purpose of determin ing the sufficiency 
of the disclosure and the patentability of the claimed invention . 
The m anner s of disclosure for description , claim (s), abstract, and 
drawing (s) shall be prescribed in the Enforcement Rules of the Patent Act. 
Article 27 Deposit of biological material  
When  filing a patent application for invention  involving a biological 
material or utilization of a biological material, the applicant shall , no la ter 
than the filing date , make a deposit of the biological material with a domestic  19 deposit ory designated by the Specific Patent Agency. No d eposit is required if 
the biological material  involved can be easily obtained by a person ordinarily 
skilled in the  art. 
An applicant shall, within four  (4) months after  the filing date of patent 
application, submit to the Specific Patent Agency a certificate of deposit, 
indicating the deposit ory, date of deposit and deposit  number. If such 
document is not submitted within the specified time period , the deposit shall 
be deemed not to have  been made . 
Where priority  is claimed pursuant to  Article 28, the specified time 
period  set forth in the preceding paragraph shall be  within sixteen  (16) 
months after  the priority date.  
In the event that , prior to filing the patent application for invention , the 
biological material concerned  has been deposited  in a foreign depository 
recognized by the Specific Patent Agency, and where the certificate of deposit 
issued by the  designated domestic  deposit ory and the foreign deposit ory has 
been provided  within the time period prescribed  in Paragraph  2 or the 
preceding paragraph, the applicant is exempted from the requirement of 
making a deposit  no later than the filing date, as set forth in  Paragraph  1. 
If an applicant has deposited the biological material in a deposit ory 
designated by a foreign country  in its territory  with which the ROC 
recognizes the effects of deposit s based on reciprocity , and if the applicant has 
submitted the certifica te(s) of deposit issued by the said foreign deposit ory 
within the time period  prescribed in Paragraph 2 or Paragraph 3 , the 
applicant is exempted from the requirement of making a deposit in the ROC.  
The competent authority  shall stipulate  regulations on t he requirements 
for accession , types , forms , quantit ies of deposits of  biological materials , 
deposit fee s, and other matters in connection with making deposit s set forth 
in Paragraph 1. 
Article 28  Priority claim  under WTO membership, etc.  
Where an  applicant  has first applied for a patent in a foreign country , 
which reciprocally allows ROC nationals to claim patent priority , or with any 20 member of the World Trade Organization (WTO) , the applicant may claim 
priority in respect of  an ROC patent application  for t he same invention  if the 
ROC patent  application for the same invention is filed within twelve (12) 
months after  the filing date of the said  first patent application.  
Where an applicant claim s two or more priorities in respect of a patent 
application, the period referred to in the preceding paragraph  shall  be on the 
basis of the earliest priority date.  
If a foreign applicant is a citizen of a non -member  of the WTO  and whose  
home country does not mutual ly recogni ze priority with  the ROC, but the 
applicant has  domicile or business establishment  in any  member of the WTO 
or in the territory of a reciprocal country, the applicant shall also be entitled to 
claim priority in accordance with the provisions set forth in Paragraph 1. 
For a patent application filed with  priority, examination on its 
patentab ility shall be based on the priority date . 
Article 29  Claim  of priorit y 
An applicant claiming priority in accordance with the preceding article 
shall  simultaneously make a declaration with respect to the following  when  
filing a patent application:  
    1. the filing date of the first patent application;  
    2. the country  or member of WTO  in which the first patent application 
was filed; and 
    3. the application number of the first  patent  application.  
Within sixteen  (16) months after  the earliest priority date, the applicant 
shall submit a certified copy of the first patent application  issued by the 
foreign patent authority  under the preceding paragraph.  
In case of a v iolation of Subparagraph 1 or Subparagraph 2 of Par agraph 
1 or the preceding p aragraph, the priority claim shall be deemed not to have  
been made . 
Where  an applicant  unintentionally  fails to claim  priority claim at the 21 time of filing , or where the priority claim is deemed not to have  been made as 
prescribed  in the preceding paragraph, the applicant may, within sixteen  (16) 
months after  the earliest priority date , apply for reinstatement of priority 
claim , pay the required fee s and undertake actions set forth in Paragraphs 1 
and 2. 
Article 30  Priority claim based on earlier application  
An applicant  filing  a subsequent  patent application  based on an earlier 
patent application for invention or utility model in the ROC  may make a 
priority  claim  with respect to the invention or  utility model disclosed in the  
descr iption, claim (s) or drawing (s) submitted for the earlier patent application . 
This provision shall not apply  under any of the following circumstances:  
1. where a period  of twelve  (12) months has elapsed after  the filing date 
of the earlier  patent applicati on; 
2. where priority has been claimed in accordance with the provisions of 
Article 28 or this article in respect of the invention or  utility model disclosed  
in the earlier  patent application;  
3. where the earlier  patent application is a divisional patent application 
prescribed under Paragraph 1 of Article 34 or Paragraph 1 of Article 10 7, or a 
converted patent application prescribed under  Paragraph 1 of Article 1 08; 
4. where t he earlier  patent application is a patent application for 
invention  that has been  published or has been rejected  finally and bindingly ; 
5. where t he earlier  patent application is a patent application for utility 
model  that has been published or has been rejected  finally and bindingly ; or 
6. where t he earlier  patent application has been  withdrawn or dismissed.  
The earlier  patent application referred to in the preceding paragraph 
shall be deemed to have  been withdrawn upon an expiry of fifteen (15) 
months  after  its filing date .  
Priority claim ed shall not be withdrawn upon an expiry of fifteen  (15) 
months after  the filing date of the earlier patent application.  22 In the  event that  a subsequent patent  application filed with priority claim 
in accordance with Paragraph 1 is withdrawn within fifteen  (15) months after  
the filing date of the earlier patent  application , the priority claim thus made 
shall be deemed to have  been withdrawn  at the same time . 
Where an applicant claims two or more priorities for a patent application, 
the calculation of priority period shall be on the basis of the earlies t priority 
date.  
For a patent application filed with priority, examination on its 
patentab ility shall be based on the priority date . 
Where a priority claim is made in accordance with Paragraph 1, the filing 
date and the application number of the earlier  patent application shall be 
declared at the time of filing . If such  declaration is not made, priority claim 
shall be deemed not to have  been made . 
Article 31  First -to-file principle  
Where two or more patent applications  are filed for the same invention , 
only  the earlie st application can be granted . The above shall not apply if the 
priority date claimed  for the later -filed  application is earlier than the filing 
date of the earlier  application.  
If the filing date and the priority date referred to in the precedi ng 
paragraph are the same, the applicants shall be notified to reach an agreement 
with respect to the matter concerned. If such  an agreement  cannot be reached, 
none of the applications  shall be granted . If the said patent applications are 
filed by the same  applicant, the applicant shall be notified to select one patent 
application within a specified time period ; failure to make a select ion within 
the time period  shall result in  the rejection of all such patent applications.  
While the applicants concerned ar e in the process of reaching an 
agreement , the Specific Patent Agency shall require  that these applicants 
report  the results of the negotiation  within an appropriate time period . If the 
said report is not provided  within the specified time  period , it shall  be 
deemed that an agreement has not been reached.  
Where a patent application for invention  and a patent application for 23 utility model  are filed separately in respect of  the same creation, the 
provisions set forth in the preceding three paragraphs shall a pply mutatis 
mutandis , except for the circumstance s stipulated in Article 32.  
Article 32  One  creation  applied for invention patent and utility model 
patent  
An applicant filing a patent application for invention and a patent 
application  for utility model fo r the same creation on the same date shall 
make respective declarations in respect of the said applications. If the patent 
application for utility model has been granted before an approval decision on 
the patent application for invention is rendered, the S pecific Patent Agency 
shall notify the applicant to make a selection within a specified time period. 
The patent application for invention shall not be granted if the applicant fails 
to make such declarations or selection within the specified time period.  
Where the applicant  selects the patent application for invention 
according to the provision set forth in the preceding paragraph, the utility 
model patent right shall become extinguished on the publication date of the 
invention patent.  
The patent applicatio n for invention shall not be granted if the utility 
model patent right has become extinguished or has been revoked finally and 
bindingly before a decision is rendered on the patent application for 
invention.  
Article 33  Invention Patent  
A pate nt application  for invention  shall relate to  one invention.  
Two or more  invention s so linked as to form  a single  general inventive 
concept may be filed in one application.  
Article 34 Division  of application  
A patent application that substantially contains two or more in ventions 
may, upon notice by the Specific Patent Agency or upon request by the 
applicant, be divided into two or more divisional applications.  
A request for division  shall be filed within any of the following time 24 periods :  
1. before a reexamination decisi on on the original patent application is 
rendered ; or 
2. within thirty  (30) days after  the date on which an approval decision  for 
the original patent application  is served . However,  it shall not be filed if a 
reexamination decision has been rendered.   
The filing date of the divisional  patent application shall be the same as 
the filing date of the original  application . Where the priority claim has been 
made, t he applicant may  claim priority  for the divisional patent application . 
The d ivisional patent applica tion shall not extend beyond  the scope of 
content  disclosed in  the description, claim (s), or drawing (s) of the original 
patent application  as filed . 
For the d ivisional patent application filed in accordance with 
Subparagraph  1 of Paragraph 2, the examin ation thereof shall resume  the 
completed examination procedure of the original patent application.  
For the d ivisional patent application  filed  in accordance with 
Subparagraph  2 of Paragraph 2, the examin ation thereof that has been 
conducted  before the origina l patent application is approved  shall be resume d; 
the original patent application shall be  published based on  the claim (s) and 
drawing (s) as originally  approved . 
Article 35  Invalidation action  filed by the owner of the right  to apply for a 
patent  
Where an  invalidation action  is filed against a granted patent by the  
owner of the right  to apply for a patent or by the joint owner (s) of the right to 
apply for a patent within two (2) years after  the publi cation  date of the patent 
concerned in accordance with Subparagraph  3, Paragraph 1 of Article 7 1, and 
where the said person or joint owner(s) newly files a patent application for 
the same invention within two  (2) months after  the day on which the 
invalidation decision revoking the patent has become final and bin ding, t he 
filing date of the revoked  patent  shall be the filing date for the newly filed 
patent application . 25 A patent application newly filed in accordance with the preceding 
paragraph  shall not be published again.  
Section 3: Examination and Reexamination  
Article 36  Assign ment  of a patent examiner  for examination  
The Specific Patent Agency shall assign a patent examiner  to conduct the 
substantive examination of a patent application for invention . 
Article 37  Early publication  of patent application  
After rece iving  application documents and determining through 
examination  that the application conforms to stipulated formality 
requirement  and contains no elements that may be deemed unsuitable for 
laying open , the Specific Patent Agency shall lay open the patent a pplication 
for invention eighteen ( 18) months since its filing . 
The Specific Patent Agency  may advance the laying -open of a patent  
application upon  the request  of the applicant.  
A patent application for invention  shall not be laid open  under any of the 
following circumstances:  
1. where it is withdrawn within fifteen  (15) months after  its filing date;  
2. where  it involve s national defense secret s or any other secret s 
pertaining to national security; or 
3. where it is contrary to public order or morality . 
Where a priority is claimed, t he calculation of time period  set forth  in 
Paragraph 1 and the preceding paragraph shall be on the basis of the priority 
date ; where two or more priorities are claimed, the calculation thereof shall be 
on the basis of the earli est priority date . 
Article 38  Request for substantive examination  
A request to the Specific Patent Agency  for substantive examination  of a 
patent application for invention  may  be made by any person within three (3) 
years after  the filing date  of the patent  application.  26 Where a division request is made pursuant to Paragraph 1 of Article 34 or 
where a patent application is converted into a patent application for invention 
pursuant to Paragraph 1 of Article 1 08, if the time period  set forth in the 
preceding paragraph  has lapsed , a request for substantive examination may 
be made within  thirty (30) days after such  request for division or conversion .  
A request for substantive  examination according to  the preceding two 
paragraphs shall not be withdrawn.  
Where  a request for substantive examination is not filed within the time 
period  prescribed  in Paragraph 1 or Paragraph 2, the patent application for 
invention  shall be deemed to have been withdrawn.  
Article 39  Request procedure s for substantive examination  
A request  form for substantive examination referred to in  the preceding 
Article  shall be submitted.  
The Specific Patent A gency  shall publish the fact s regarding a request for 
substantive examination  in the Patent Gazette.  
Where the substantive  examination is reques ted by a person other than 
the invention patent applicant,  the Specific Patent A gency shall notify the 
invention patent applicant  of such fact.  
Article 40  Prioritized examination  of a patent application for invention  
The Specific Patent Agency may  upon re quest  conduct prioritized 
examination of a patent application for invention  if it is commercially 
exploited by a person other than the applicant after it is laid open.  
Relevant document (s) of proof  shall be submitted when filing a request 
referred to in the preceding paragraph . 
Article 41  Effect of laying open an application  
An invention patent applicant may, after the publication of an invention 
patent application, claim appropriate compensation against the exploiter who, 
having been given a written notice  by the applicant in respect of the contents 
of the invention after the laying -open of the invention patent application, 27 continues to commercially exploit the invention after receiving the notice and 
prior to the publication of the said application.  
The claim referred to in the preceding paragraph may  also be made 
against  a person who is fully aware  that the patent application for invention  
has been laid open but continues to commercially exploit the invention  prior 
to its publication.  
    The right to claim compensation as provided in the preceding two 
paragraphs does not affect the exercise of other rights.  However, where an 
applicant having filed a patent application for invention and a patent 
application for utility model pursuant to Article 32 of this A ct has been 
granted the utility model patent, the claim against such exploiter shall only be 
made based either on the right to claim compensation or on the utility model 
patent right.  
The right to claim compensation as set forth in Paragraph 1 and 2 shall 
become extinguished  if not exercised within two  (2) years after  the 
publication date of the said invention patent.  
Article 42  Interview and inspection  in examination of application  
When examining a patent application for invention , the Specific Patent 
Agen cy may, upon request or on its own initiative, notify the applicant to 
conduct any of the following actions within a specified time period : 
1. to appear before the Specific Patent Agency for an interview; or 
2. to perform necessary experiment(s) or submit model(s) or sample(s).  
The Specific Patent Agency may, when necessary, visit the site or a 
designated place to carry out  inspection  on the experiment(s) performed or 
model(s) or sample(s) to be  submitted pursuant to  Subparagraph 2 of the 
preceding paragra ph. 
Article 43 Amendment during examination;  final notice  
Unless otherwise stipulated  in this Act, when examining a patent 
application for invention , the Specific Patent Agency may,  upon request or on 
its own initiative , notify the applicant to amend the description , claim (s), or 28 drawings within a specified time period . 
Except for correction of translation errors,  any amendment shall not 
extend beyond  the scope of content disclosed in  the description, claim (s), or 
drawing (s) as filed . 
Where the  Specific Pat ent Agency has issue d a notice pursuant to  
Paragraph 2 of Article 46, a patent applicant shall  only make amendment (s) 
within the specified time period  in the notice.  
The Specific Patent Agency may, as it deems necessary, issue a final 
notice after having i ssued a notice prescribed in the preceding paragraph.  The 
applicant who is to amend claim(s)  after a final notice has been issued shall 
only make the following amendments within the time period specified 
therein:  
1. to delete claim (s); 
2. to narrow down  the scope of claim (s); 
3. to correct errors; or  
4. to clarify ambiguous statement (s). 
In case of a v iolation of the provisions in the preceding two paragraphs , 
the Specific Patent Agency shall state the reasons  in a written decision and 
render  such  decision  accordingly.  
The Specific Patent Agency may  issue a final notice accordingly if the 
original patent application or its divisional application meets any  of the 
following  conditions:  
1. where t he content of the notice issued for the original patent 
applic ation is same as th at of the notice issued for the divisional patent 
application ;  
2. where t he content of the notice issued for the divisional patent 
application is same as th at of the notice issued for the original patent 
application ; or 
3. where t he con tent of the notice issued for a divisional application is 29 same as that of the notice issued for other divisional application (s). 
Article 44  Foreign language documents  
Where a patent applicant submits a description,  claim (s), and drawing (s) 
prepared in a fo reign language pursuant to  Paragraph 3 of Article 25 , such 
foreign language documents shall not be amended.  
The Chinese translation submitted pursuant to  Paragraph 3 of Article 25  
shall not extend beyond the scope of content disclosed in  the original forei gn 
language  documents as filed .  
Any correction of translation errors in the Chinese version as stated in the 
preceding paragraph shall not extend beyond the scope of content disclosed 
in the original foreign language documents as filed . 
Article 45  Decisio n of examination  
Upon completion of examination of a patent application for invention , a 
written decision shall be rendered and served on the applicant.  
When a patent application is determined to be unpatentable, the reason(s) 
shall be given in the written  decision of examination.  
A written decision of examination shall bear the name of the patent 
examiner . This requirement shall also apply to written decisions for 
reexamination, post -grant amendment, invalidation, patent t erm extension 
and invalidation against patent term extension.   
Article 46  Ground s for decision  of rejection  
When a patent application for invention  is in violation of the provisions 
set forth in Articles 21 through 24, Article 26, Article 31, Paragraphs 1 and 3 of 
Article 32 , Article 33, P aragraph 4 of Article 34, Paragraph 2 of Article 43, 
Paragraphs 2 and 3 of Article 44 , or Paragraph 3 of Article 108, a decision of 
rejection shall be rendered.  
Before render ing a decision in accordance with the preceding paragraph , 
the Specific Patent Age ncy shall notify the applicant to file a response within a  
specified  time period . If the applicant fails to make a response within  the time 30 period , a decision of rejection shall be rendered accordingly.  
Article 47  Publication of patent ed invention  and appl ication for browsing  
A claimed invention shall be patented if there is no reason for negating 
its patentability, and the claim(s) and the drawing(s) of the patent application 
shall be published.  
Any person may apply for viewing , transcribing, photographin g, or 
photocopying  the written decision of examination, description, claim(s), 
abstract, drawing (s), and the file wrapper in connection with a patent 
application which has been published, except for the information which 
should be kept confidential by the Specific Patent Agency in accordance with 
laws.  
Article 48  Reexamination  
An invention patent applicant dissatisfied with a decision of rejection 
may  provide reason(s) to request  a reexamination within two  (2) months after  
the date on which the decision of rejection is served. If the patent application 
is not accepted or dismissed for formality defects or on the ground of 
ineligibility of the applicant, the applicant may directly file administrative 
remedy actions in accordance with the laws . 
Article 49  Amen dment during reexamination  
Where a decision of rejection is rendered pursuant to  Paragraph 2 of 
Article 46, the applicant may  amend the description, claims, or drawing(s) 
during the reexamination stage.  
Where a final notice has been issued before the decis ion of rejection is 
rendered for a patent application, any amendment made during the 
reexamination stage shall still be subject to limitations set forth in each 
subparagraph  of Paragraph 4 of Article 43. The above shall not apply to 
reexamination, if the S pecific Patent Agency finds that the final notice issued 
in the original examination procedure was improper.  
The Specific Patent Agency may issue a final notice accordingly under 
any of the following circumstances : 31 1. where the reason(s) for reexamination  still entails  grounds for  
unpatentability ;  
2. where the amendment(s) made during the reexamination stage still 
entails  grounds for  unpatentability ; or 
3. where an amendment made in accordance with the preceding 
paragraph is in violation of the subparagra phs of Paragraph 4 of Article 43 . 
Article 50  Assign ment  of a patent examiner  for reexamination  
For reexamination, the Specific Patent Agency shall assign a patent 
examiner  who did not participate in the examination of the concerned patent 
application to co nduct reexamination and render a written decision  to be  
served on the applicant.  
Article 51  Confidentiality of invention involving national security  
Where, through examination,  an invention involves national defense 
secrets or any other secrets pertaining to national security , the Ministry of 
National Defense or relevant national security authorities shall be consulted 
for their comments; i f it is deemed necessary to keep such invention 
confidential, the application documents of the said patent application shall be 
sealed . If a request for substantive examination has been filed for the said 
patent application, an examination decision shall be rendered  and served to 
the applicant and the inventor.   
The applicant, patent agent and the inventor shall keep confi dential the 
invention referred to  in the preceding paragraph ; the right to apply for a 
patent for such invention shall be deemed to have  been abandoned if there is 
any violation of th e confidential ity requirement . 
    The confidential ity period  shall last for one  (1) year after  the date on 
which a written decision is served on the applicant , and such period may be 
extended on an annual basis . The Specific Patent Agency shall consult with 
the Ministry of National Defense or relevant national security authori ties one 
(1) month prior to the expiration  of the confidentiality period and, i f 
confidential ity is no longer required , such patent application  shall be laid 
open . 32 Where an invention referred to  in Paragraph 1 is approved and where 
confidential ity is deeme d unnecessary for such patent application , the Specific 
Patent Agency shall  publish the grant of the invention patent after receiving 
patent certificate fee and the first -year annuity paid within three (3) months 
by the applicant . If the said fees are not paid prior to the time period  stated 
above, no publication shall be made.  
The Government shall pay a considerable compensation  for the loss 
suffered  by the applicant  during the confidential ity period.  
Section 4: Patent Rights  
Article 52  Payment of fees and publication  
For a patent application for invention that is approved , the grant of such 
patent application shall be published only when  the patent certificate  fee and 
the first -year patent annuity are paid by the applicant within three  (3) months  
after  the date on which  the approval decision  is served ; if the fees are not paid 
within  the said time period , no publication  shall be made . 
A patent right granted to a patent application for inventio n shall start 
from the publication  date of the patent , and a pate nt certificate shall be issued 
thereto.  
The term of an invention patent shall expire after a period of twenty (20) 
years from  the filing date of the application.  
Where the applicant unintentionally fails to pay the  required  fees within  
the time period  set forth in Paragraph 1 or Paragraph 4 of the preceding 
article , the applicant should  pay the  patent  certificate fee and two times the 
first-year patent annuit y within six (6) months after  the period has  expired.  
After the said payment has been made, the Spec ific Patent Agency shall 
publish the patent.  
Article 53 Exten sion of  patent term  
Where  a regulatory approval shall be obtained in accordance with other 
laws and regulations for the exploitation of an invention patent involving  a 
pharmaceutical  or agrichemi cal, or the manufacturing process thereof , if such  33 regulatory approval is obtained  after the publication of the concerned 
invention patent , the patentee may apply for one and only one extension of 
the patent term of said invention patent based on the first  regulatory approval. 
The s aid regulatory approval is allowed to be used only once for seeking 
patent term extension.  
The extension of the patent term approved under  the preceding 
paragraph shall not exceed the length of time when the patent cannot be 
expl oited because of the filing of a request for the regulatory approval with  
the central competent  authorit ies in charge of the business . If the time needed 
to obtain the said regulatory approval exceeds five  (5) years, the granted 
patent term extension shall  still be five  (5) years.  
The term "pharmaceutical " as set forth in Paragraph 1 does not include 
any veterinary drug . 
When request ing for patent term extension as provided in  the Paragraph  
1, a request form and document (s) of proof  must be submitted to  the Specific 
Patent Agency within three  (3) months after  obtaining the first regulatory 
approval; no request for patent term extension shall be filed within six  (6) 
months prior to the expiry  of the original patent term.  
When making a decision on an applicati on for patent term extension, the 
Specific Patent Agency  shall take into consideration the impact on public  
health and shall coordinate with the central competent  authorit ies in charge  of 
the business  to formulate  the regulations concerned.  
Article 54 Deem ed to have been  extended  
Where a request for patent term extension  is filed in accordance with  the 
preceding article , the patent term shall be deemed to have  been extended  if 
the Specific Patent Agency has yet to render  a decision before the original 
pate nt term expires . However, where such request for patent term extension  
is not allowed, the patent term shall expire on the original expiration date . 
Article 55  Assignment of a patent examiner  for extension request  
The Specific Patent Agency shall assign a patent examiner  to examine a  
request for patent term extension , render  a written decision and serve it on 34 the patentee.  
Article 56  Scope of patent term extension  
The scope of a patent, of which a term extension has been granted, shall 
be limited to  only  the effective  ingredients  and use stated in the regulatory 
approval concerned . 
Article 57  Invalidation of patent term extension  
Any person may file an invalidation action of the granted patent term 
extension to the Specific Patent Agency,  together with docum ent(s) of proof , 
under any of the following circumstances:  
1. where it is unnecessary to obtain the regulatory approval to exploit  the 
invention  patent  concerned ; 
2. where neither the patentee nor licensee has obtained the regulatory 
approval ;  
3. where the granted  term of extension exceeds the period  during  which 
the patent cannot be exploited ; 
4. where the requester  of the  patent term extension is not the patentee;  
5. where t he regulatory approval of  extension  request  is not the first 
approval, or a requ est for  extension based on the said regulatory approval has 
been made ; 
6. where the request for extension is based on the time spent on 
conducting trials  or tests in a foreign country, the extended term granted  by 
the Specific Patent Agency  exceeds the period approved  by the  foreign patent 
authority ; or 
7. where t he pharmaceutical s involved in the granted patent term 
extension  are veterinary drugs . 
If an invalidation decision revoking the patent term extension has 
become final and binding , the granted paten t term extension shall be deemed  
non-exist ent ab initio . However, if such final and binding invalidation  decision 
of revocation is rendered  due to violation of  Subp aragraph 3 or Subp aragraph 35 6 of the preceding paragraph, only the exceeding period of the ex tension shall 
be deemed non-existent . 
Article 58  Effects of invention patent right  
Unless otherwise provided for in this Act, the patentee of an invention 
patent has an exclusive right to prevent others from exploiting the invention 
without the patentee’s consent.  
Where the invention is a product, exploiting of which means the acts of 
making, offering for sale, selling, using, or importing that product for the 
aforementioned purposes.  
Where the invention is a process, exploiting of which means the 
following  acts:  
1. using the process; and 
2. using, offering for sale, selling or importing for these purposes the 
product obtained directly by that process.  
The extent of the protection conferred by an invention patent shall be 
determined by the claim(s), and the description and drawing(s) may be 
considered as a reference  when interpreting the claim(s).  
The abstract shall not be used for the purpose of interpreting claim(s).  
Article 59  Limitation s of patent right  
The effects of an invention patent right shall not e xtend to the following 
circumstances:  
1. acts done privately and for non -commercial purpose(s);  
2. necessary acts to exploit the invention for research or experimental 
purpose(s);  
3. acts done by a person who has been exploiting the invention or making 
all the necessary preparations for doing such act in this country before the 
filing date of the invention. However, this provision shall not apply where the 
person has learned of the invention from the patent applicant for less than 
twelve (12) months and the  patent applicant has made a statement reserving 36 his/her right to a patent being granted;  
4. a vehicle merely passing through the territory of this country, or any 
device of such vehicle;  
5. where a patent granted to a person not the owner of the right to apply 
for a patent  is revoke d as a result of an invalidation action filed by the 
patentee , acts done by a licensee who has, prior to invalidation, been 
exploiting the invention or making all the necessary preparations to do such 
an act in good faith ; 
6. wh ere, after the sale of a patented product made by the patentee or 
made under consent of the patentee, using or reselling such product. The 
making and selling as stated above are not limited to acts done domestically; 
and 
7. where, after an invention patent  is extinguished  pursuant to 
Subparagraph 3, Paragraph 1 of Article 70 and before it is reinstated and 
published pursuant to  Paragraph 2 of Article 70, acts done by a person who 
has been exploiting the invention or making all the necessary preparations to 
do such an act  in good faith . 
The person exploiting the invention as stated in Subparagraphs 3, 5, and 
7 of the preceding paragraph, may continue such exploitation  within the 
original business purpose (s).  
A licensee as stated in Subparagraph 5 of Paragrap h 1, who continues to 
exploit the invention after the patent is revoked , shall pay the patentee a 
reasonable royalty from  the date of receiving a written notice from the 
patentee.  
Article 60 Limitation s of patent right: research and trials of pharmaceutica ls 
The effects of the patent right shall not extend to  research and  trials, 
including their practical requirements , necessary  for obtaining registration 
and market  approval  of drugs  under the Pharmaceutical Affairs  Act or 
obtaining market approval of pharm aceutical s from a foreign country.  37 Article 61  Limitation s of patent right: dispens ation of medicine s 
The effects of the patent right for the invention of medicines to be 
manufactured by mixing two or more medicines or for the invention of a 
process thereof  shall not extend to  the preparing of medicines in accordance 
with a prescription from a  physician , or the medicines so prepared . 
Article 62 Recordation to have locus standi  against a third party: 
transference of patent  right  
The assigning, entrusting, lic ensing, or establishing of a pledge on a 
patent right by the patentee shall have no locus standi  against any third party  
unless it is recorded with the Specific Patent Agency.  
The license as stated in the preceding paragraph may be an exclusive 
license or a non -exclusive license.  
An exclusive licensee shall, within the scope of the license granted, 
exclude the patentee and third parties from exploiting the patented invention.  
Where a patentee establishes multiple pledges on the same  patent for the 
purpose of securing multiple creditors’ rights, the ranks of these pledges shall 
be determined according to the order of their recordation.  
Article 63 Sub-licens ing 
An exclusive licensee may sub -license a third party to exploit the licensed 
patent unless otherwise  agreed upon by contract.  
A non -exclusive licensee shall not be allowed to sub -license a third party 
to exploit the licensed patent without the consent of the invention patentee or 
the exclusive licensee.  
The sub-licens ing contract shall have no locus sta ndi against any third 
party  unless it is recorded with the Specific Patent Agency.  
Article 64 Dispos al of jointly -owned patent right  
Where a patent right is jointly owned, except for exploit ation  by each of 
the joint owners, it shall not be assigned, entru sted, licensed, pledge d, or 
abandoned without the consent of all the joint owner (s). 38 Article 65  Dispos al of one’s own share of jointly -owned patent right  
Where a patent right is jointly owned, no joint owner may assign, entrust 
or establish a pledge on his /her own share without the consent of all the 
other joint owner (s). 
Where a joint owner of a patent right has abandoned his/her own share, 
this share shall be vested in other joint owner(s).  
Article 66  Prolongation of patent term  
Where an invention  patent ee has suffered loss as a result of a war 
between ROC and a foreign country, the patentee  may request  for patent term 
prolongation for five  (5) to ten  (10) years; only one such prolongation shall be 
permitted. However, if the patent is owned by a national from the foreign 
country in war with ROC, a request  there for shall not be allowed.  
Article 6 7 Post -grant a mendment of invention patent  
The patentee  filing a request  for amending the description , claim (s) or 
drawing (s) of a granted  invention patent shall only conduct the following : 
1. to delete  claim (s); 
2. to narrow down  the scope of claim (s);  
3. to correct errors or  translation  error s; and 
4. to clarify ambiguous statement (s). 
Except for correction of translation  error s, a post -grant amendment shall 
not extend beyond  the scope of content disclosed in  the description , claim (s), 
or drawing (s) as filed . 
For a patent application for invention  filed by submitting the description , 
claim (s), and drawing (s) in a foreign language  pursuant to Paragraph 3 of 
Article  25, the correction of translation  error s shall not extend beyond the 
scope of content disclosed  in the original  foreign language documents as filed . 
An post -grant amendment shall  not substantially enlarge or alter the 
scope of the claim (s) as published . 39 Article 68 Examination of post -grant amendment  
The Specific Patent Agency shall designate a patent examiner  to conduct 
examination of post -grant amendment, render a decision and serve  it on the 
patentee , except for a post -grant amendment filed in accordance  with Article 
77. 
After approving the post -grant amendment , the Specific Patent Agency 
shall publish the examination decision therefor . 
Once a description , claim (s) and drawing (s) are amended and published, 
such post -grant amendment shall take effect retro active ly from  the filing date.  
Article 69 Restriction on abandon ing or amend ing patent right  
A patentee shall not abandon the patent right, or apply for a post -grant 
amendment as stated in Subparagraph 1 or 2, Paragraph 1 of Article 67 
without the consent from  the licensee (s) or pledgee (s) . 
Where a patent  right is jointly owned, no joint owner may apply for 
post -grant amendment as stated in Subparagraph 1 or 2, Paragraph 1 of 
Article 67 without the consent from all the joint owner (s). 
Article 7 0 Extinguish ment of patent right  
An invention patent right shall become extinguished under any of the 
following circumstances:  
1. where the patent  term has expired, and the patent shall become 
extinguished;  
2. where the patentee has passed away without heirs;  
3. whe re th e annuit y of the second  or any  subsequent year s is not paid 
within the payment time period , the patent right shall become extinguished 
retrospectively after the expiration of the original due date; or 
4. where the patentee abandoned the patent, the pa tent right shall be 
extinguished from the date the patentee makes  a declaration  in writing . 
The patentee who  unintentionally  fails to pay a patent annuity within the 
time period for late payment set forth in Paragraph 1 of A rticle 9 4 may apply 40 for reinstat ement of  the patent right s within one  (1) year after  the expiration 
of the  time period  of late payment  by paying triple the amount originally due, 
whereby  the Specific Patent Agency shall publish with respect to the above . 
Article 7 1 Grounds for invalidati on 
Any person may request for an invalidation  action  against an invention 
patent with the Specific Patent Agency under any of the following 
circumstances : 
1. where there is a violation of Articles 21 to 24, Article 26, Article 31, 
Paragraphs 1 and 3 of Art icle 32, Paragraph 4 of Article 3 4, Paragraph 2 of 
Article 43, Paragraphs 2 and 3 of Article 4 4, Paragraphs 2 to 4 of Article 67, or  
Paragraph 3 of Article 10 8 of this Act;  
2. where the home country of the patentee does not accept the patent 
applications f iled by ROC nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or where the 
invention patentee is not the owner of the right  to apply for a n invention 
patent . 
An invalidation action  based on Subparagraph 3 of the preceding 
paragraph  shall only be filed by the interested party . 
With respect  to the ground(s)  upon which  an invalidation action  is based 
and filed  against an invention patent, the provisions  in effect at the time of 
the said patent being  approved shall govern . However,  if an invalidation 
action  is filed based on the ground(s) under Paragraph 4 of Article 34 , 
Paragraph 2 of Article 43, Paragraph s 2 and 4 of Article 6 7, or Paragraph 3  of 
Article 1 08, the provisions in effect at the time of  filing the said action  shall 
govern . 
Article 7 2 Invalidation against extinguished  patent  
Where the interested party possesses recoverable legal interests due to 
the revocation  of a patent, such interested party may file an invalidation 
action after the said patent has become extinguished ipso facto . 41 Article 7 3 Invalidation  action  
Where an invalidation action is filed, a request form containing a 
statement  and reason(s), along with evidence shall be provided.  
Where a patent contains more than one claim, an invalidation action  may 
be filed against parts of the  claim s. 
An invalidation  statement shall not be modified or added after filing, but 
it can be narrowed.  
A requester  of invalidation action  may provide  invalidation reasons or 
evidence within one  (1) month after  the date  of filing the said action ; however, 
the reasons or evidence provided  prior to rendering a decision  shall still be 
examined.  
Article 7 4 Invalidation  proceedings  
Upon receipt of a request form for invalidation action  stated in the 
preceding article , the Specific Patent Agency s hall send a copy there of to the 
patentee . 
The patentee shall provide a response within one (1) month after having 
been served with a copy of the request  form . If the patentee fails to provide  
such response, the invalidation proceedings shall be conducted accordingly , 
unless a request  for extension containing  reason(s) thereof  has been approved.  
The Specific Patent Agency  may conduct invalidation proceedings 
accordingly  if the reason (s) or evidence  provided  by the requester  of 
invalidation action  is likely t o delay the proceedings or  if the facts and 
evidence provided  are sufficiently clear . 
Article 7 5 Principle of ex officio  
When conducting invalidation proceedings , the Specific Patent Agency  
may,  by ex officio,  examine the reason (s) and evidence not  provide d by the 
requester  of invalidation action  but within the scope of the invalidation 
statement , and notify the patentee to respon d within a specified  time period . 
The invalidation proceedings shall be conducted accordingly  if the patentee  
fails to respond  within the time period . 42 Article 7 6 Interview and inspection in invalidation  proceedings  
When conducting invalidation proceedings, the Specific Patent Agency 
may, upon a request or ex officio , notify the patentee to take any of the 
following actions  within a specified time  period : 
1. to a ppear at the Specific Patent Agency for interview;  or 
2. to conduct  necessary experiment(s)  or provide  model(s) or sample(s).  
 The Specific Patent Agency may, when necessary, visit the site or a 
designated place to carry out  inspection  on the experiment(s) performed or 
model(s) or sample(s) to be submitted pursuant to  Subparagraph 2 of the 
preceding paragraph.  
Article 7 7 Consolidated  proceeding s of invalidation and post -grant 
amendment  
If, during the invalidation proceedings,  a request for post -grant 
amendment is filed , the said proceedings and post -grant amendment shall be 
consolidated ; the decisions concerned shall be rendered jointly  as well . If the 
Specific Patent Agency considers the said post -grant amendment approvable, 
it shall send a copy of the amended description , claim (s) and/or drawing (s) to 
the requester  of invalidation action . 
Where there are two or  more request s for post -grant amendment  filed 
during the proceedings of same invalidation action , the earlier -filed req uest(s) 
for post -grant amendment shall be deemed to have been withdrawn.  
Article 78 Consolidated  proceeding s of multiple invalidation action s 
Where there are multiple  invalidation action s filed against the same 
patent, the Specific Patent Agency , when nece ssary,  may consolidate  the 
invalidation proceedings of the said actions . 
Where the invalidation proceedings have been consolidated  pursuant to 
the preceding paragraph , decisions concerned may also be rendered jointly . 
Article  79 Assignment of a patent exam iner for invalidation  
When conducting invalidation proceedings, the Specific Patent Agency 43 shall assign  a patent  examiner  to render a decision  and serve  it to the patentee  
and the requester  of invalidation action . 
Decision  on an invalidation action  shall be rendered on a claim -by-claim 
basis.  
Article 8 0 Withdrawal of invalidation  action  
An invalidation action  may be withdrawn by the requester before a 
decision concerned has been rendered . However, if the patentee  has already 
submitted a response , such withd rawal shall be consented  by the patentee . 
The Specific Patent Agency  shall notify the patentee of the withdraw al of 
an invalidation action . If the patentee  raises no objection within ten (10) days 
after  the notice has been served , it shall be deemed that the patentee  has 
consented  to such withdraw al. 
Article 8 1 Principle of ne bis in idem  
Under any of the following circumstances, any person shall not be 
allowed to separately file an invalidation action against the same patent based 
on the same facts and evidence : 
1. where a nother invalidation action has been  filed based on the same 
facts and evidence  and considered groundless by a decision; or  
2. where n ew evidence is provided to  the Intellectual Property Court 
pursuant to Article 33 of the Intellectual Pro perty Case Adjudication Act and 
considered groundless  by a judgment.  
Article 8 2 Decision of invalidation  action  
Where an invalidation action  against an invention patent is  considered 
well grounded , the patent right shall be revoked ; such revocation  may be 
made on a claim -by-claim basis.  
Revocation  of an invention patent right shall become  final and binding 
under any of the following circumstances:  
1. where no administrative remedy proceedings are filed in accordance 
with laws; or 44 2. where administrative rem edy proceedings are filed but dismissed 
finally and bindingly.  
Where an invention patent is revoked  finally and bindingly, the effect of 
patent right shall be deemed  not to have existed.  
Article 8 3 Procedures  to be applied mutatis mutandis  to invalidation  action  
against patent term extension  
With respect to an invalidation action  filed against patent term extension 
of an invention patent pursuant to  Paragraph 1 of Article 5 7, the provisions in 
this Act with respect to invalidation actions  against invention patent s shall 
apply mutatis mutandis . 
Article 8 4 Publication in the Patent Gazette  
An invention patent with respect to grant, change, extension, 
prolongation, assignment, trust, licensing, compulsory licensing, revocation, 
extinguishment, pledge establishm ent , invalidation decision s, as well as 
other matters that should  be published shall  be published in the Patent 
Gazette . 
Article 8 5 Patent Registry  
The Specific Patent Agency shall maintain a Patent Registry, in which the 
patent grants, changes of patent rights, and all  other matters required by laws 
shall be registered.  
The Patent Registry set forth in the preceding paragraph may be 
produced electronic ally and shall be made available to the public for 
browsing , transcribing, photographing, or photocopying . 
Article 8 6 Publication by electronic means  
Matters which should be laid open and published  by the  Specific Patent 
Agency  in accordance with this Act may be done electronic ally; the date for 
such implementation  shall be decided by the Specific Patent Agen cy. 45 Section 5 C ompulsory Licensing  
Article 8 7 Grounds for compulsory licensing  
In response to national emergency or other circumstances of extreme 
urgency, the Specific Patent Agency shall, in accordance with an emergency 
order or upon notice from the cent ral government authorities in charge of the 
business, grant compulsory licensing of a patent needed, and notify the 
patentee as soon as reasonably practicable.  
The Specific Patent Agency may, upon request, grant compulsory 
licensing of a patent  under any o f the following circumstances  for which it is 
deemed necessary : 
1. where a patented invention is  to be  exploited non -commercially for the 
enhancement of public interest ;  
2. where a later invention or utility model patent cannot be exploited 
without infrin ging  upon  a prior invention or utility model patent, and where 
the later invention or utility model patent involves an important technical 
advancement of considerable economic significance in relation to the prior 
invention or utility model patent;  or 
3. w here a patentee has committed acts restricting competition or has 
committed unfair competition acts,  for which  a judgment  has been made by a 
court of law  or a decision has been rendered  by the Fair Trade Commission of 
the Executive Yuan.  
Request  for compul sory licens ing of a patent involving  semiconductor 
technology shall be filed based on the grounds set forth in Subparagraph 1 or 
3 of the preceding parag raph.  
Request  for compulsory licens ing of a patent made pursuant to  
Subparagraph 1 or 2 of Paragraph 2 may only be approved  if the requestor 
has made efforts to obtain authorization from the right holder on reasonable 
commercial terms and conditions, and that such efforts have not been 
successful within a reasonable time period . 
Where a r equest for compulso ry licensing of a patent is made pursuant to  46 Subparagraph 2 of Paragraph 2, the owner of the prior patent may propose 
reasonable terms and conditions and seek grant of compulsory licens ing of 
the later patent  owned by the requestor . 
Article 88 Procedure an d decision of compulsory licens ing 
After receiving a  request  for compulsory licens ing filed pursuant to  
Paragraph 2 of the preceding Article or Article 90, the Specific Patent Agency 
shall notify and require the patentee concerned to respond  within a speci fied 
time period . If no response  is made  within the specified time  period , the 
Specific Patent Agency may  then proceed to the examination of the 
compulsory licens ing request.  
Exploitation of a compulsory license shall be predominantly  for the 
supply of do mestic market. The above shall not apply to the compulsory 
license granted pursuant to  Subparagraph 3, Paragraph 2 of the preceding 
Article.  
The decision on a request for compulsory license shall be made in writing 
and shall indicate the reasons, scope, du ration, and the required 
remuneration.  
Granting of  compulsory licens ing shall not affect the exercise of patent 
right by the patentee concerned.  
The right (s) granted under a compulsory license shall not be assigned, 
entrusted, inherited, licensed or pledge d except for any of the following 
circumstances:  
1. where a compulsory license is granted pursuant to  Subparagraph 1 or 
Subparagraph 3, Paragraph 2 of the preceding Article  and is  assigned, 
entrusted, inherited, licensed or pledged with the business involv ing the 
exploitation of the patent; or  
2. where a compulsory license is granted pursuant to  Subparagraph 2  of 
Paragraph 2  or Paragraph 5 of the preceding Article  and is assigned, 
entrusted, inherited, licensed or pledged with the patent right of  the licen see. 47 Article 89 Repeal  of a compulsory license  
Where a compulsory license granted pursuant to  Paragraph 1 of Article 
87 is considered no longer necessary by the central government authorit ies in 
charge of the business, the Specific Patent Agency shall repe al the compulsory 
license upon a notice from the said authorities . 
The Specific Patent Agency may, upon request, repeal  a granted 
compulsory license under any of the following circumstances:  
1. where the fact warranting the compulsory license has been chan ged 
and compulsory licensing is no longer necessary;  
2. where the licensee fails to properly exploit  the patent as required in the 
compulsory license ; or 
3. where the licensee fails to pay the remuneration as determined by the 
Specific Patent Agency.  
Article 9 0 Compulsory licens ing of pharmaceuticals : grounds  and 
procedures  
For purposes of assisting countries with insufficient or no manufacturing 
capacities in pharmaceutical sector to obtain pharmaceutical product(s) 
needed for treating HIV/AIDS, tuberculo sis, malaria and other epidemics, the 
Specific Patent Agency may , upon request, grant a compulsory license to the 
requestor to exploit a patent concerned  for the purpose of producing  and 
importing pharmaceutical product(s)  to these countries .  
Request for a compulsory license made pursuant to  the preceding  
paragraph may only be granted  if the requestor  has made efforts to obtain 
authorization from the right holder on reasonable commercial terms and 
conditions and that such efforts have not been successful w ithin a reasonable  
period of time; however, the above shall not apply if compulsory licensing of 
the required pharmaceutical product(s) has been granted in the importing 
country.  
If the importing country concerned is a WTO member, the requestor  shall , 
whe n filing a request pursuant  to Paragraph 1, provide  document (s) proving 48 that the importing country has fulfilled the following:  
1. the Council for Trade -related Aspects of Intellectual Property Rights 
has been notified of the name(s) and expected quantitie s of the  
pharmaceutical  product(s) needed;  
2. the Council for Trade -related Aspects of Intellectual  Property Rights 
has been notified of its intention as an importer and has established that it has 
insufficient or no manufacturing capacities in the pharma ceutical sector. 
However, such document(s)  of proof  is not required  if the importing country 
is a least -developed country; and 
3. where the required pharmaceutical product(s) is  not patented in the 
importing country, or where the pharmaceutical product(s)  is patented in its 
territory, the importing country  has granted or is about  to grant a compulsory 
license.  
The so called "least -developed countries " mentioned in the preceding 
paragraph refers to countries announced by the United Nations (UN) as being 
least-developed countries.  
Where  the importing country is not a WTO member, but a 
least -developed country or a country with insufficient or no manufacturing 
capacities in the pharmaceutical sector, the requestor shall , when filing a 
request for compulsory licensing pursuant  to Paragraph 1, provide  
document (s) proving that the importing country has fulfilled the following 
conditions:  
1. the name(s) and expected quantities of the pharmaceutical product(s) 
needed have been filed in writing with the foreign affair s authorities of the 
ROC; and 
2. stating that it agrees to prevent re -exportation of the pharmaceutical 
product(s) needed.  
Article 9 1 Compulsory licens ing of pharmaceuticals: export  and 
remuneration  
Pharmaceutical product(s) produced under compulsory licen sing 49 pursuant to  the preceding Article shall be exported to the importing country 
entirely, and the quantity of the product authorized to be produced shall not 
be more than the quantity required  by the importing country in its notice sent 
to the Council fo r Trade -related Aspects of Intellectual Property Rights or the 
foreign affairs authorities of the ROC.  
Pharmaceutical product(s) produced under compulsory licens ing granted 
pursuant to  the preceding Article and the external packaging thereof shall be 
marke d with the licensing basis specified by the Specific Patent Agency; the 
packaging, coloring or shaping of the pharmaceutical product(s) produced 
under compulsory licens ing shall be sufficiently distinguishable from 
pharmaceutical product(s) produced by the  patentee or his/her licensee(s).  
The licensee of a compulsory license shall pay appropriate remuneration 
to the patentee. The amount of remuneration shall be decided by the Specific 
Patent Agency, taking into account the economic value of the patent of the 
required pharmaceutical product(s) to the importing country with reference 
to the human development index issued by the United Nations.  
Before exporting the pharmaceutical product(s) produced under a 
compulsory license, the licensee shall post on a websi te the quantities, name(s) 
and destination(s) of such pharmaceutical product(s), as well as distinctive  
features there of. 
Inspection and registration of the pharmaceutical product(s) produced 
and exported under compulsory licensing pursuant to  the precedin g Article 
shall not be bound by Paragraph 2, Article 40ter of the Pharmaceutical Affairs 
Act. 
Section 6: Payment  of Fees 
Article 9 2 Fees  
With respect to each request for patent -related matters, the requestor 
shall pay fees at the time of filing.  
For a gran ted invention patent, the patentee shall pay a patent certificate 
fee and patent annuities. If extension or prolongation of patent term is 
allowed, patent annuities shall still be paid during the extended or prolonged 50 patent term.  
Article 9 3 Time period fo r payment of annu ity 
The annuity for an invention patent shall be paid starting  from the 
publication date. Payment of the first-year annuity shall be made pursuant to  
the provision set forth  in Paragraph 1, Article 52 hereof, while the payment of 
the secon d-year annuity and the annuities thereafter shall be made before  the 
period thereof expir es. 
The annuity for several years may be paid at one time. Under such 
circumstance, if the annuity rate is adjusted upward, the patentee concerned 
will not be required  to pay the deficit.  
Article 9 4 Addition of annu ity 
If the annuity for the second or any subsequent year  is not paid within  
the specified  time period , a late payment can be made within six (6) months 
after  the original due date with a specified percentage addition.  
The additional  annuities based on the specified percentage  addition  as 
stated in the preceding paragraph means that the  additional annuit y shall be 
paid  depending on the  amount of  time elapsed from the original due date. For 
every month that has  elapsed, an additional fee at a ratio of 20% shall be paid ; 
the maximum of the additional fee shall be the same as the amount originally 
due. The elapsed time from one day to one month shall be deemed as one 
month.  
Article 9 5 Reduction of annu ity 
Where th e patentee of an invention patent is a natural person, school or 
small and medium enterprise, the patentee may request  for a reduction of 
patent annuit y with the Specific Patent Agency.  
Section 7 Damages and Litigation Action  
Article 96 Right to claim in t he event of patent right infringement  
A patentee of an invention patent may demand a person who infringes or 
is likely to infringe the patent right to stop or prevent such infringement.  51 In case an infringement of invention pate nt occurs  due to intentional act 
or negligen ce, the patentee may claim for damages suffered therefrom.  
When making a demand pursuant to Paragraph 1, the patentee may 
request for destruction of the infringing articles or the materials or 
implements  used in the infringing act, or reques t for other necessary disposal.  
An exclusive licensee may, within the licensed scope, make demands in 
accordance with the preceding three paragraphs. However, if it is otherwise 
provided for in an agreement, such agreement shall prevail.  
Where the invento r’s right to be indicated as such is infringed, the 
inventor may request for necessary  disposition (s) to have his/her name 
indicated or to restore the impaired  reputation . 
The rights to claim as set forth  in Paragraph 2 and the preceding 
paragraph shall be come extinguished if not exercised within two (2) years 
after  the patentee has become aware of the damage and the person liable for 
damages. This right shall also become extinguished if it is not exercised 
within ten (10) years after  the time of infringeme nt. 
Article 97 Calculation of damages  
The d amages claimed pursuant  to the preceding article may be calculated 
according to any of the following methods:  
1. the method as set forth  in Article 216 of the Civil Code; if no method of 
proof can be produced to p rove the damage s suffered , a patentee may claim 
damages based on the difference between the profit earned through patent 
exploitation after infringement  and the profit normally expected through 
exploit ation of  the same patent;  
2. the profit earned by the i nfringer as a result of patent infringement;  or 
3. the amount calculated on the basis of reasonable royalties that may be 
collected from exploiting the invention patent being licensed.  
Subject to the preceding paragraph, where the infringement is found to 
be intentionally committed, the court may, upon request and on the basis of 
the severity of the infringement, award the damages greater than the loss 52 suffered but not exceeding three (3) times of the proven loss.  
Article 97 -1 Border measures: detention req uest, security and counter  
security  
A patentee may request Customs to detain the imported articles that are 
suspected of infringing the patent right(s).  
The request referred to in the preceding paragraph shall be made in 
wring, accompanied by the prelimina ry showing of the facts of infringement 
and a security amounting to the duty -paid price of the imported articles, as 
assessed by Customs , or equivalent assurance.  
Customs shall immediately notify the detention requester upon 
acceptance of the request. Havi ng deemed such request to be in compliance 
with the preceding paragraph, Customs shall notify in writing both the 
detention requester and the owner of the detained articles when carrying out 
the detention.  
By providing a security amounting to two times the  security or 
equivalent assurance referred to in Paragraph 2, the owner of the detained 
articles may request Customs to repeal the detention and to follow the 
procedures under applicable regulations governing customs clearance of 
imported articles.  
Customs  may allow the detention requester or the owner of the detained 
articles to examine the detained articles, provided that confidential  
information protection of the detained articles is not compromised.  
If the detention requester obtains a court judgment de eming that the 
detained articles infringe the patent right(s), the owner of the detained articles 
shall be liable for relevant costs including demurrage, warehousing, loading, 
and unloading.  
Article 97 -2 Border measures: repeal of detention and subsequent 
procedures  
Customs shall repeal the detention in case of any of the following:  
1. customs has not been notified by the detention requester, within 53 twelve (12) days following the date of Customs’ acceptance of the request, 
that a litigation claiming that th e detained articles infringe the patent right(s) 
has been initiated in accordance with Article 96;  
2. a litigation initiated by the detention requester claiming that the 
detained articles infringe the patent right(s) has been dismissed by a final and 
bind ing court judgment;  
3. a court of law in a final and binding judgment has held that the 
detained articles do not infringe patent right(s);  
4. the detention requester has requested the repeal of detention; or  
5. the condition stated in Paragraph 4 of the pr eceding article has been 
met.  
If necessary, Customs may extend the time period as prescribed in 
Subparagraph 1 of the preceding paragraph by another twelve (12) days.  
Customs repealing the detention in accordance with Paragraph 1 shall 
follow the procedure s under applicable regulations governing customs 
clearance of imported articles.  
If the detention is repealed in accordance with Subparagraphs 1 through 
4 of Paragraph 1, the detention requester shall be liable for relevant costs 
including demurrage, wareh ousing, loading, and unloading.  
Article 97 -3 Border measures: compensation and return of security  
If a court of law in a final and binding judgment has held that the 
detained articles do not infringe the patent right(s), the detention requester 
shall be li able to compensate the owner of the detained articles for the loss 
incurred from such detention or from providing the security as prescribed in 
Paragraph 4 of Article 97 -1. 
The detention requester enjoys the same right as a pledgee regarding the 
security a s prescribed in Paragraph 4 of Article 97 -1; the owner of the 
detained articles enjoys the same right as a pledgee regarding the security as 
prescribed in Paragraph 2 of Article 97 -1. Notwithstanding the foregoing, the 
relevant costs including demurrage, w arehousing, loading, and unloading as 54 prescribed in Paragraph 4 of the preceding article and Paragraph 6 of Article 
97-1 shall be paid prior to compensation for the loss suffered by the detention 
requester or the owner of the detained articles.   
In case of  any of the following, Customs shall, upon request from the 
detention requester, return the security as prescribed in Paragraph 2 of Article 
97-1: 
1. the security is no longer required as a final and binding court judgment 
has been rendered in favor of the  detention requester or the detention 
requester has reached a settlement with the owner of the detained articles;  
2. where the owner of the detained articles has suffered loss due to a 
repeal of detention in accordance with Subparagraphs 1 through 4, Parag raph 
1 of the preceding article, or where a final and binding court judgment has 
been rendered in favor of the owner of the detained articles, the detention 
requester proves that the owner of the detained articles has been notified to 
exercise the right wi thin a specified time period of no less than twenty (20) 
days but the owner of the detained articles has yet to do so within the said 
period; or  
3. the owner of the detained articles has agreed upon such return.  
In case of any of the following, Customs sha ll, upon request from the 
owner of the detained articles, return the security as prescribed in Paragraph 
4 of Article 97 -1: 
1. the security is no longer required as the detention has been repealed in 
accordance with Subparagraphs 1 through 4, Paragraph 1 o f the preceding 
article, or a settlement has been reached between the owner of the detained 
articles and the detention requester;  
2. where a final and binding court judgment has been rendered in favor 
of the detention requester, the owner of the detained a rticles proves that the 
detention requester has been notified to exercise the right within a specified 
time period of no less than twenty (20) days but the detention requester has 
yet to do so within the said period; or  
3. the detention requester has agree d upon such return.  55 Article 97 -4 Border measures: formulation of procedural regulations  
The competent authority shall, in coordination with the Ministry of 
Finance, formulate regulations governing the request of detention, repeal of 
detention, examination of detained articles, the procedures involving 
payment, provision, and return of security or assurance, provision of required 
documents, and other requirements, as prescribed in the preceding three (3) 
articles.  
Article 98 Marking of patent certificate num ber 
The patent certificate  number shall be marked on the patented article. If 
such marking cannot be fixed on the patented article, the patentee may make 
such marking on the labels or packaging, or make such marking in a distinct 
way sufficient to draw people’s attention. Where no patent marking is made, 
evidence shall be produced when claiming damages to prove that the 
infringer knows or has a reason to know  that the said article is under patent 
protection.  
Article  99 Presumption of manufactur ing process u sed 
Where an article produced following  a manufacturing process  is still 
unknown within and outside of this country  before the filing of a patent 
application for the manufacturing process , another  article identical thereto 
made by another person shall be p resumed to have  been produced following  
the said manufacturing process.   
The presumption made under the preceding paragraph may be rebutted 
by providing  proof to the contrary. A proof made by the defendant that the 
process used in manufacturing the article  at issue is different from the 
patented process  shall be deemed as proof to the contrary. The legitimate 
rights and interests with respect to manufacturing and trade secrets disclosed 
in the defendant ‘s evidence  shall be fully protected.  
Article 100  Forwa rding a certified  copy of judgment  
A court of law shall forward to the Specific Patent Agency a certified  
copy of the judgment issued thereby for a litigation case involving invention 
patent.  56 Article 101  Acceleration  of invalidation proceeding s 
Where an in validation action  involves the trial of an infringement 
litigation case, the Specific Patent Agency shall give priority to such 
invalidation proceedings.  
Article 102 Unrecognized foreign juristic  person or organization  
An unrecognized foreign juristic  pers on or organization may file civil 
suits in respect of the matters governed by this Act.  
Article 103 Patent infringement assessment  
A court of law may form specialized tribunal(s) or assign specific staff 
members to take charge of invention patent litigatio n cases.  
The Judicial Yuan may designate  specialized institution(s)  to conduct 
patent infringement assessment.  
A court of law in p rocessing a litigation pertaining to an invention patent 
may  request the specialized institution (s) designated  according to th e 
preceding paragraph to conduct patent infringement assessment.  
Chapter III  Utility Model Patent  
Article 10 4 Definition  
"Utility model" means the  creation of technical ideas relating to the shape 
or structure of an article or combination of articles, utilizing the laws of 
nature.  
Article 10 5 Statutory exclusion  
A utility mo del pa tent shall not be granted if it is contrary to public order 
or morality.  
Article 10 6 Filing date  
An application for a utility model patent shall be filed with the Specific 
Patent Agency by the owner of right to apply for a patent  by providing  a 
request  form, a description, claim(s), an abstract, and drawing(s).  
The filing date of a patent application for utility model  shall be the date 57 on which the request  form , description, claim(s), and drawing(s) are provided  
in full.  
Where an applicant does not provide  a description, claim(s) and 
drawing(s) in Chinese at the time of filing, but in a foreign language, and 
where the Chinese translation for the said documents is provided  within the 
time period  specified by the Specific Patent Agency, the filing date shall b e 
the date on which the foreign language version is originally provided . 
Where the Chinese translation is not provided  within the specified time 
period  as stated in the preceding paragraph, the patent application shall be 
dismissed; however, if the Chinese  translation is provided  before  the 
dismissal decision is served , the date on which the Chinese translation is 
provided  shall be regarded as the filing date, and the foreign language 
version  shall be deemed not to have  been provided . 
Article 107 Division o f application  
A patent application for utility model  which substantially contains two or 
more utility models  may, upon notice by the Specific Patent Agency or upon 
request by the applicant, be divided into two or more divisional applications.  
A request for  division shall be made  before a decision on the original 
utility model application is rendered.  
Article 10 8 Conversion of application  
Where a patent application originally filed for invention or design is 
converted into a patent application for utility m odel , or where a patent 
application originally filed for utility model is converted into a patent 
application for invention , the filing date of the original patent application 
shall be deemed to be the filing date of the  converted patent application . 
A request for patent conversion  shall not be made  under any of the 
following circumstances:  
1. after  a written decision allowing the original patent application is 
served;  
2. two  (2) months after the date on which  a written decision rejecting the 58 original paten t application for invention or design  is served ; or 
3. thirty (30) days after  the date on which a written  decision rejecting the 
original patent application  for utility model  is served . 
A converted patent application shall not  extend beyond the scope of 
content disclosed in  the description, claim(s), or drawing(s) of the original  
patent application as filed.  
Article 1 09 Amend ing patent  application  
When conducting formality examination of a patent application for 
utility model , the Specific Patent Agency  may , upon request or by ex officio , 
notify the applicant to amend the descrip tion, claim (s) or drawings within a 
specified time period . 
Article 110 Foreign language document s 
The description,  claim (s), and drawing (s) of an application for utility 
model that a re provided in a foreign language pursuant to  Paragraph 3 of 
Article 106 shall not be amended.  
The Chinese translation provided  pursuant to  Paragraph 3 of Article 106 
shall not extend beyond the scope of content disclosed in  the original  foreign 
language  documents as filed . 
Article 11 1 Decision of Formality Examination  
Upon completion  of the formality examination of a patent application for 
utility model , a written decision  shall be rendered and served on the 
applicant.  
When a patent application for utility  model is determined to be 
unpatentable  after formality examination , the reason(s) therefor shall be given 
in the written decision . 
Article 11 2 Formality examination  
A patent application for utility model  undergoing formality 
examination  shall be rejected under any of the following circumstances : 
1. where the utility model does not relate to the shape , structure of an 59 article or combination of articles ; 
2. where there is a violation of Article  105; 
3. where there is a violation of Paragraph 4 of Article 26, applicable 
mutatis mutandis under Article 120; 
4. where there is a violation of Article 33, applicable mutatis mutandis 
under Article 120; 
5. where the description , claim (s), or drawing(s) does not disclose the 
essential matters or the disclosure therein is obviously unclear ;  
6. where an amendment obviously extends beyond the scope of content 
disclosed in  the description, claim(s) or drawing(s) as  filed . 
Article 113  Grant of patent ; publication  
A claimed utility model shall be patented if, after formality  examination , 
there is no event negating its patentability, and the claim(s) and the drawing(s) 
thereof shall be published.  
Article 114  Patent t erm 
The term of a utility model patent shall expire after a period of ten (10) 
years starting from  the filing da te. 
Article 11 5 Request for technical evaluation report  
After a patent application for utility model  is published, any person may 
file a request with the Specific Patent Agency for a technical evaluation report 
of utility model  patent .  
The Specific Patent  Agency shall publish in the Patent Gazette the  
request for the technical evaluation report of utility model  patent . 
The Specific Patent Agency shall assign a patent examiner to issue the 
technical evaluation report of utility model  patent , and the report  shall bear 
the name of the assigned  patent  examiner .  
In regard of the  request filed pursuant to  Paragraph 1,  the Specific Patent 
Agency shall issue the technical evaluation report of utility model  patent  with 60 respect to matters set forth in Subparagraph  1, Paragraph 1, Paragraph 2 of 
Article 22, applicable mutatis mutandis under  Article 12 0, Article 23 , applicable 
mutatis mutandis under  Article 120, and Article 31 , applicable mutatis mutandis 
under  Article 120.  
In reg ard of  a request  for the technical ev aluation report of utility model  
patent  made  pursuant to  Paragraph 1, if stated there in that the utility model 
patent is commercially exploited  by a party other than the patentee and if 
relevant document(s) of proof  is provided , the Specific Patent Agency  shall 
issue the technical evaluation report of utility model patent  within six  (6) 
months.  
Request for a technical evaluation report of utility model  patent  can still 
be filed after the utility model patent has become extinguished.  
Request filed pursuant to Paragraph 1 shall not be withdrawn.  
Article 11 6 Presentation of technical report  
When exercising a utility model patent, the patentee shall not make a 
warning without present ing the technical evaluation report of utility model  
patent . 
Article 11 7 Liabil ity of damages ; immunity  
Where a utility model patent is revoked , the patentee shall be liable  for 
the damages suffered by another person  due to the patentee’s exercise of 
utility model patent  right  prior to its revocation . The above shall not apply if 
such exercise  is based on the content of the technical evaluation report of 
utility model  patent  and carried out  with due care. 
Article 1 18 Post-grant a mendment of utility model patent  
With respect to examin ing a request for post -grant  amendment, except 
for the situation set forth in  Paragraph 1 of Article 7 7, applicable mutatis 
mutandis  under Article 12 0, the Specific Patent Agency shall conduct formality 
examination  of the post -grant  amendment, render  a written decision  and 
serve it on the p atentee . 
A decis ion rejecting  the post -grant  amendment shall be rendered  after 61 formality examination under any of the following circumstances : 
1. where there is an event prescribed in Subparagraphs  1 to 5 of Article 
112; or 
2. where the post -grant amendment obviously exte nds beyond the scope 
of content disclosed in  the claim(s) or drawing(s) as published . 
Article 119 Grounds for invalidation  action  
Any person may request for an invalidation  action  against a utility model 
patent with the Specific Patent Agency under any of the following 
circumstances : 
1. where there is a violation of Article 104, Article 105,  Paragraph 3 of 
Article 108, Paragraph 2 of Article 110, Article 22  applicable mutatis mutandis  
under Article 12 0, Article 23  applicable mutatis mutandis  under Article 1 20, 
Article 26 applicable mutatis mutandis  under Article 12 0, Article 31  applicable 
mutatis mutandis  under Article 12 0, Paragraph 4 of Article 34 applicable 
mutatis mutandis  under Article 12 0, Paragraph 2  of Article 43  applicable 
mutatis mutandis  under Ar ticle 12 0, Paragraph 3 of Article 44  applicable 
mutatis mutandis  under Article 12 0, Paragraphs 2 to 4 of Article 67  applicable 
mutatis mutandis  under Article 12 0 of this Act;  
2. where the home country of the patentee does not accept patent 
applications fi led by ROC nationals; or  
3. where there is a violation of Paragraph 1 of Article 12, or where the 
utility model patentee is not the owner of the right to apply for a utility model 
patent . 
An invalidation action  based on Subparagraph  3 of the preceding 
paragraph shall only be filed by the interested party . 
With respect to the ground(s) for an invalidation action  against a utility 
model patent, the provisions  in effect at the time of the said patent being 
approved shall govern . However,  if an invalidation re quest is filed based on 
violation of the ground(s) under Paragraph 3 of Article 108, Paragraph 4 of 
Article 34  applicable mutatis mutandis  under Article 12 0, Paragraph 2 of 62 Article 43 applicable mutatis mutandis  under Article 12 0, or Paragraph 2 and 
paragr aph 4 of Article 67 applicable mutatis mutandis  under Article 12 0, the 
provisions in effect at the time of  filing the said request shall govern.  
A written decision on an invalidation action  shall bear the names of the 
patent examiners.  
Article 12 0 Provisi ons applied mutatis mutandis  to utility model patent  
Article  22, Article  23, Article  26, Articles 28 to 31, Article  33, Paragraph s 3 
and 4 of Article 3 4, Article  35, Paragraph s 2 and 3 of Article 4 3, Paragraph  3 of 
Article 44, Paragraph 2 of Article 46, Paragraph 2 of Article 47, Article 5 1, 
Paragraphs 1, 2 and 4 of Article 52, Paragraphs 1, 2, 4 and 5 of Article 58, 
Article 59, Articles 62 to 65, Article 6 7, Paragraph s 2 and 3 of Article 68 , 
Article 69, Article 7 0, Articles 72 to 82, Articles 84 to 98 , and  Articles 100 to 103 
shall apply mutatis mutandis  to utility model patent.  
Chapter IV  Design Patent  
Article 12 1 Definition of design  
"Design" means the creation made in respect of the shape, pattern, color, 
or any combination thereof, of an article as a wh ole or in part by visual 
appeal.  
For computer generated icons (Icons) and graphic  user interface (GUI) 
applied  to an article, an application may  also be filed pursuant to this Act for 
obtaining a design patent.  
Article 122 Substantial conditions  
A design  which is industrially applicable may be granted  a design patent 
upon application in accordance with this Act, provided any of the following  
does not exist : 
1. an identical or similar design was disclosed in a printed publication 
prior to the filing of the p atent application ; 
2. an identical or similar design was publicly exploit ed prior to the filing 
of the patent application ; or 63 3. the design  was  known  to the public  prior to the filing of the patent 
application . 
A design that is without the circumstances p rescribed in the preceding 
paragraph but can be easily conceived  by a person ordinarily skilled in the art  
based on prior art  shall not be patented . 
A disclosure made by or against the applicant’s will shall not be deemed 
as one of the circumstances that w ould preclude the grant of an design patent 
prescribed in the subparagraphs of Paragraph 1 or the preceding paragraph, 
provided that the concerned patent application is filed within six (6) months 
after the date of the disclosure.  
For the publication in a gazette made in this country or a foreign country 
in accordance with the laws as the consequence of filing a patent application 
and made by the applicant’s will, the preceding paragraph is not applicable.  
Article 12 3 Design d eem ed as lack of novelty  
Where a design claimed  in a patent application for design  is identical or 
similar to a design disclosed in th e description or drawing (s) of an 
earlier -filed patent application for design  which is published after the filing of 
the later -filed patent application f or design , the design patent shall not be 
granted ; however, this shall not apply where the applicant of the later -filed  
patent application for design  is also the applicant of the earlier -filed patent 
application for design . 
Article 12 4 Statutory exclusion  
A design patent shall not be granted in respect of any of the following:  
1. the shape of an article  solely dictated by its function ; 
2. fine arts ; 
3. the layout of integrated circuit s and electronic circuits; or 
4. an article contrary to public order or mo rality. 
Article 12 5 Filing date  
A patent  application for design shall be filed with the Specific Patent 64 Agency by the owner of the right to apply for a patent by providing  a request  
form , description and drawing (s). 
The filing date of a patent application for design  shall be the day on 
which the request  form , description and drawing (s) are provided  in full . 
Where an applicant does not provide  a description and drawing (s) in 
Chinese  at the time of filing, but in a foreign language, and where the Chinese 
translation for the said documents is provided  within the time period  
specified by the Specific Patent Agency, the filing date shall be the date on 
which the foreign language version is originally provided . 
Where the Chinese translation is not provided  within the specified time 
period  as stated in the preceding paragraph, the patent application for design  
shall be dismissed; however , if the  Chinese translation is provided  prior to the 
dismissal decision is served , the date on which the  Chinese translation is 
provided  shall be regarded as the filing date, and the foreign language  
version  shall be deemed not to have  been provided . 
Article 12 6 Disclosure  
The description  and drawing (s) shall fully  disclose the design in a 
manner clear and sufficient for it to be  understood and carried out by a 
person ordinarily skilled in the art of the design . 
The m anner s of disclosure for description and drawing (s) shall be 
prescribed in the Enforcement Rules  of the Patent Act. 
Article 12 7 Application and restriction of derivative design patent  
For two or more similar designs owned by the same person, applications 
may be filed for a design patent and its derivative design patent (s).  
The filing date of a patent application for derivative design  shall not  be 
earlier than the filing d ate of the original patent application for design . 
A patent application for derivative design  filed after the publication of 
the original design patent  is not acceptable . 
An applicant  shall not file a patent applicati on for derivative design 65 patent if the design therein is only similar to another derivative design patent 
but not to the original de sign patent.  
Article 128 First-to-file principle  
Whe re two or more patent application s are filed for the same or similar 
design(s) , only the earlier -filed applicat ion can be granted . The above shall 
not apply if the priority date claimed  for the later -filed  application is earlier 
than the filing date of the earlier  application . 
Where  the filing date and the priority  date referred to in the preceding 
paragraph are the same , the applicants  shall be notified to reach an agreement 
with respect to the matter concerned. If such  an agreement  cannot be reached, 
none of the applicat ions shall be granted . If the said patent application s are 
filed by the same applicant, the app licant shall be notified to select one patent 
application  within a  specified  time period ; failure to make a select ion within 
the time period  shall result in the rejection of all such  patent application s. 
While the applicants concerned are in the process  of reaching an 
agreement , the Specific Patent Agency shall require  that these applicants 
report  the results of the negotiation within an appropriate  time period . If the 
said report is not provided  within the specified time period , it shall be 
deemed that the  agreement has not been reached . 
The above three paragraphs shall not apply to any of the following:  
1. the applications for the original design and its derivative design(s); or 
2. the applications for two or more derivative designs that originate from 
the same design.  
Article 1 29 Unity ; design for a set of articles  
An application for a design patent shall relate to one design.  
Two or more articles belong ing to the same c lass and are custom arily  
sold or used together may  be filed as one design.  
A pate nt application for design shall indicate  the article to which the 
design is applied.  66 Article 13 0 Division  of application  
A patent application for design  that substantially contains two or more 
designs may , upon notice by the Specific Patent Agency or upon reque st by 
the applicant , be divid ed into two or more divisional applications.  
A request for division  shall be made  before a reexamination decision on 
the original application is  rendered.  
Examination of  a d ivisional patent application  shall resume the 
complete d procedure  of the original patent application . 
Article 13 1 Conversion between design patent and derivative design  patent  
Whe re a patent application for design  is converted into a patent 
application for derivative design  or where a  patent application for derivative 
design  is converted into a  patent application for design , the filing date of the 
original  patent application  shall be deemed to be the filing date of the 
converted  patent application . 
A request for the conversion  shall not be made  under any of th e 
following circumstances:  
1. after a  written decision allowing  the original application is served;  or 
2. two (2) months from after the da te on which a written decision 
rejecting the original application is served . 
A converted  patent application for design  or derivative design  shall not 
extend beyond the scope of content disclosed  in the description  or drawing (s) 
of the original  application  as filed . 
Article 13 2 Conversion into design patent  
Where an  application originally filed for invention or utility mod el patent 
is converted into a patent application for design , the filing date of the original 
application shall be deemed to be the filing date of the converted patent 
application for design . 
A request for the conversion  shall not be made under an y of the 
following circumstances : 67 1. after  a written decision  allow ing the original patent application is 
served;  
2.  two (2) months  after  the da te on which a written decision rejecting 
the original patent application  for invention is  served ; or  
3. thirty (30) days  after  the da te on which a written decision rejecting the 
original patent application  for utility model is  served.  
A converted patent application shall not extend beyon d the scope of 
content disclos ed in the description , claims, or drawings  of the original  patent 
application as filed . 
Article 13 3 Foreign  language document s 
The description  and drawing (s) provided in a foreign language pursuant 
to Paragraph 3 of Article 125 shall not be amended.  
The Chinese translation provided  pursuant to  Paragraph 3 of Arti cle 125  
shall not extend beyond the scope  of content disclosed in  the original foreign 
language  documents as filed.  
Article 13 4 Grounds for rejection  decision  
When a patent application for design  is in violation of any of the 
provisions set forth in Articl es 12 1 to 124, Article 12 6, Article 12 7, Paragraphs 
1 to 3 of Article 1 28, Paragraphs 1 and 2 of Article 1 29, Paragraph 3 of Article 
131, Paragraph 3 of Article 13 2, Paragraph 2 of Article 13 3, Paragraph 4 of 
Article 34 applicable mutatis mutandis  under Pa ragraph 1 of Article 14 2, 
Paragrap h 2 of Article 43 applicable mutatis mutandis under Paragraph 1 of 
Article 14 2, and Paragraph 3 of Article 4 4 applicable mutatis mutandis under 
Paragraph 1 of Article 14 2 of this Act, a decision of rejection shall be rende red. 
Article 13 5 Patent t erm 
The term of a  design patent shall expire after a period of twelve (12) years 
from the filing date of the application.  A derivative design patent shall expire 
simultaneously with the original design patent.  68 Article 13 6 Effects o f design patent right  
Unless otherwise provided in this Act, the patentee of a design patent has 
the exclusive right to prevent other s from exploiting  the design or similar 
design(s) without the patentee’s consent . 
The extent of the protection conferred by  a design patent shall be 
determined b y the drawing (s), and the description  may be considered as a 
reference . 
Article 13 7 Claim  of derivative design patent  
The right of a derivative design patent may  be claimed independently, 
and its effect shall be extend ed to the scope of similarity.  
Article 1 38 Dispos al of derivative design patent  
A derivative design  patent right shall be assigned, entrusted, inherited, 
licensed or pledged  along  with its original design patent.  
Where the  original design  patent right  beco mes extinguished or is 
revoked  finally and bindingly pursuant to  Subp aragraph 3 or 4, Paragraph 1 
of Article 7 0 applicable mutatis mutandis  under  Paragraph 1 of Article 14 2, the 
two or more  derivative design  patent s that are still in force  shall not be 
separately assigned, entrusted, inherited, licensed, or pledged . 
Article 1 39 Post -grant a mendment of design patent  
The patentee filing a request  for amending the description or drawing (s) 
of a granted design patent shall only conduct the following s: 
1. to correct er rors or translation  error s; or 
2. to clarify ambiguous statement.  
Except for correction of translation  errors , a post -grant amendment shall 
not extend beyond  the scope of content disclosed in  the description or 
drawing (s) as filed . 
For a patent ap plication for design  filed by providing  the description and 
drawing (s) in a foreign language  pursuant to Paragraph 3 of Article 125, 
correction of translation  error s shall not  extend  beyond  the scope of content 69 disclosed in the original  foreign language documents as filed . 
A post -grant amendment shall not substantially enlarge or alter the scope 
of drawing (s) as published . 
Article 14 0 Restriction on abandon ing design patent right  
A design patentee shall not abandon his/her design patent right without 
consen t from  the licensee(s) or pledgee(s).  
Article 14 1 Grounds for invalidation  
Any person may request for an invalidation action against a design 
patent with the Specific Patent Agency under any of the following 
circumstances : 
1. where there is a violation of any of the provisions set forth in  Articles 
121 to 124, Article 12 6, Article 12 7, Paragraphs 1 to 3 of Article 1 28, Paragraph 
3 of Article 13 1, Paragraph 3 of Article 13 2, Paragraph 2 of Article 13 3, 
Paragraphs 2 to 4 of Article 1 39, Paragraph 4 of Article  34 applicable mutatis 
mutandis  under Paragraph 1 of Article 14 2, Paragraph 2  of Article 43 
applicable mutatis mutandis under Paragraph 1 of Article 14 2 and Paragraph 3 
of Article 4 4 applicable mutatis mutandis under Paragraph 1 of Article 14 2; 
2. where t he home country of the patentee does not accept patent 
applications filed by ROC nationals; or 
3. where there is a violation of Paragraph 1  of Article 12 or where the 
design patentee  is not the owner of the right to apply for a design patent . 
An invalidat ion action  based on Subp aragraph  3 of the preceding 
paragraph shall only be filed by the interested party . 
With respect to the ground(s) of an invalidation action  against a design 
patent, the provisions  in effect at the time of the said patent being approv ed 
shall govern . However,  if an invalidation action  is filed based on the ground(s) 
under Paragraph 3 of Article 13 1, Paragraph 3 of Article 13 2, Paragraph s 2 
and 4 of  Article 1 39, Paragraph 4 of Article 34 applicable mutatis mutandis 
under  Paragraph 1, Article 14 2, or Paragraph 2 of Article 4 3 applicable mutatis 
mutandis under  Paragraph 1, Article 14 2 of this Act, such invalidation action 70 shall be governed by the provisions in effect at the time of  filing the said 
action . 
Article 14 2 Provisions applied mutatis mutandis  to design patent  
The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, 
Article 35, Article 36, Article 42, Paragraphs 1 to 3 of Article 43, Paragraph 3 of 
Article 44, Article 45, Paragraph 2 of Article 46, Article 47, Ar ticle 48, Article 
50, Paragraphs 1, 2 and 4 of  Article 52, Paragraph 2 of Article 58, Article 59, 
Articles 6 2 to 65, Article 68, Article 7 0, Article 7 2, Paragraphs 1, 3 and 4 of 
Article 7 3, Article s 74 to 78 , Paragraph 1 of Article 7 9, Article s 80 to 82 , 
Articles 84 to 86 , Article s 92 to 9 8, and Articles 100 to 103 shall apply mutatis 
mutandis  to design patent.  
In the case of  a patent application for design , the time period  specified in 
Paragraph 1 of Article 2 8 shall be six  (6) months.  
In the case of a patent application for design , the time period  specified in 
Paragraph s 2 and 4 of Article 2 9 shall be ten (10) months.  
In the case of a patent application for design, the time period specified in 
Subparagraph 3, Paragraph 1 of Article 59 shall be six (6) mont hs. 
Chapter V  Supplementary Provisions  
Article 14 3 Preservation of patent files  
Patent files such as a pplication documents, description, claim (s), abstract , 
drawing(s)  shall be kept permanently in the custody of the Specific Patent 
Agency . Oth er documents shall be kept  for a period  of no more than  thirty (30) 
years.   
The patent files referred to in the preceding paragraph may be stored on 
microfilm, magnetic disc, magnetic tape, optical disc or other storage media . 
The files thus stored , whose  record of storage has been  confirmed by the 
Specific Patent Agency , shall be deemed to be the original files, and the 
original hard copy of such patent files may be destroyed. A reproduced copy 
of the stored patent file shall be deemed to be  a true copy upon confirmation 
by the Spe cific Patent Agency.  71 Regulations  governing confirmation, administration, and use of the 
substitutes for stored files referred to in the preceding paragraph shall be 
prescribed by the competent authority.  
Article 14 4 Prescri ption of  regulation s governing awards for creations  
The competent authority may prescribe the regulations governing 
awards for the creations of inventions , utility model s, or design s. 
Article 14 5 Prescri ption of regulation s governing submission of foreign 
language documents  
With respect t o foreign language documents provided  pursuant to  
Paragraph 3 of Article 25, Paragraph 3 of Article 10 6, and Paragraph 3 of 
Article 125, the competent authority shall prescribe regulations governing the 
types  of foreign language s and other matters . 
Article  146 Prescri ption of regulation s governing fees  
With respect to the application fee, patent certificate  fee and annuit y set 
forth in Article 9 2, Article 9 2 applicable mutatis mutandis  under  Article 12 0, 
and Article 9 2 applicable mutatis mutandis under  Para graph 1 of Article 14 2, 
the competent authority  shall prescribe regulations governing the methods of 
collection therefor . 
With respect to the reduction or exemption of patent annuities  as set 
forth  in Article 9 5, Article 9 5 applicable mutatis mutandis  unde r Article 12 0, 
and Article 9 5 applicable mutatis mutandis under  Paragraph 1 of Article 14 2, 
the competent authority  shall prescribe regulations governing the conditions, 
number of years, amount, and other matters  therefor . 
Article  147 Transitional provisio ns: patent term extension  
A patent application filed before January 23, 1994 shall not apply for 
patent term extension under Article 53.  
Article 1 48 Transitional provision s: patent term  
With respect  to a patent that is published prior to the implementation  of 
the January 21, 1994, amendment of this Act, the patent term thereof shall be 72 calculated in accordance with the Patent Act in effect prior to the 1994 
amendment. However, for an invention patent  that is still in force on the date  
when  the WTO Agreement  took effect in the territory of the ROC, the patent 
term thereof shall be governed by the amended Act.  
For a utility model patent that is published  prior to  the implementation 
of the January  3, 2003, amendment of this Act, the patent term thereof shall b e 
governed by the Patent Act  in effect prior to the amendment . 
For a design patent that is still in force on the date when the WTO 
Agreement takes  effect in the territory of the ROC, the patent term shall be 
governed by the May 7, 1997, amendment of the Pa tent A ct. 
Article 1 49 Transitional provisions : pend ing case s 
Unless otherwise provided for in the Act, for a patent application which 
is still pending at the time of  the implementation of  the November 29, 2011, 
amendment of this Act, the amended Patent Act  shall govern.  
With respect to  a request for post -grant  amendment  and invalidation 
action which is still pending at the time of  the implementation of  the 
November 29, 2011, amendment  of this Act, the amended Patent Act shall 
govern.  
Article 150 Transitiona l provisions : Priority claim based on earlier 
application ; division  
With respect t o a patent application  for invention or utility model which 
is filed prior to the implementation of the November 29, 2011, amendment of 
this Act with priority claim made purs uant to  the former  Article 29, if the 
prior patent application ha s not been published or the decision  of reject ion 
has not become final and binding , Paragraph 1 of Article 30 shall apply.  
With respect to  an examination decision regarding patent application  for 
invention  rendered prior to the implementation of the November 29, 2011,  
amendment to this Act, if the time period  stated in Subp aragraph  2, 
Paragraph 2 of Article 34 has not expired, Subp aragraph  2, Paragraph 2 and 
Paragraph 6 of Article 34 shall app ly. 73 Article 15 1 Transitional provisions : grace period; design patent  
Subp aragraph 2, Paragraph 3 of Article  22, Subp aragraph 2, Paragraph 3 
of Article  22 applicable mutatis mutandis  under  Article 12 0, Paragraph 1 of 
Article 121,  which pertains to partial design  of articles , Paragraph 2 of Article 
121, Subp aragraph 1, Paragraph 3 of Article 122, Article 12 7, and Paragraph 2 
of Article 1 29 shall be applicable only to patent applications filed  after the 
impl ementation of the November 29, 2011, amendmen t of thi s Act.  
Article 15 2 Transitional provisions : deposit of biological material  
In respect o f a patent application  for invention  that violat es the former 
Paragraph 2, Article 30  and the deposits therefor is deemed not to have been 
made before  the implementation  of the November 29, 2011, amendmen t, if the 
application  is still pending  at the time of the implement ation , Paragraph 2 of 
Article 27 shall  apply. For a  patent application  to which priority claim is made , 
if the time period of sixteen  (16) month  after the earliest priority date has not 
expired , Paragraph 3 of Article 27 shall apply . 
Article 15 3 Transitional provisions : Priority claim under WTO membership, 
etc. 
In respec t of a patent application that , prior to the implementation of the 
November 29, 2011, am endmen t of this Act, violate s the former  Paragraph 1 
of Article 28, Paragraph  1 of Article 28 applicable mutatis mutandis  under  
Article 108, or Paragraph 1 of Article 28 applicable mutatis mutandis  under  
Paragraph 1 of Article 129 of this Act, and therefor e cannot claim priority 
pursuant to the  former Paragraph 3 of Article 28, Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Article 108 , or Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Paragraph 1 of Article 129 of this Act, in the  
event that  the patent application  is still pending at the time of the 
implementation , if, with respect to a patent application for invention and 
utility model , the period of sixteen  (16) month s after the earliest priority date 
has not expired , and if, wit h respect to  a patent application  for design , the 
period of ten (10) months after  the earliest priority date  has not expired , 
Paragraph 4 of Article 29, Paragraph 4 of Article 29 applicable mutatis 
mutandis  under  Article 12 0, and Paragraph 4 of Article 29 applicable mutatis 74 mutandis under  Paragraph 1 of Article 14 2 shall apply . 
In respect of a patent application that , prior to the implementation of the 
November 29, 2011, amendmen t of this Act, violate s the former  Paragraph 2 
of Article 28, Paragraph  2 of Article 28 applicable mutatis mutandis  under  
Article 108 , or Paragraph 2 of Article 28 applicable mutatis mutandis  under  
Paragraph 1 of Article 129 of this Act, and therefore  cannot  claim priority 
pursuant to the  former Paragraph 3 of Article 28, Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Article 108, or Paragraph 3 of Article 28 
applicable mutatis mutandis  under  Paragraph 1 of Article 129 of this Act, in the 
event that  the patent application is still pending at the time of the 
implementation , if, with respect to  a patent application  for invention and 
utility model , the period of the sixteen  (16) month s period after  the earliest 
priority date has not expired , and if, with respect to  a patent application  for 
design , the period of ten (10) month s after  the earliest priority date  has not 
expired , the provisions of Paragraph 2 of Article 29, Paragraph 2 of Article 29 
applicable mutatis mutandis  under  Article 12 0, and Paragraph 2 of Article 29 
applicable mutatis mutandis under  Paragraph 1 of Article  142 shall apply . 
Article 15 4 Transitional provisions : request  for patent term  extension  
In respect of a request for invention patent term extension  that is filed  
prior to the implementation of  the November 29, 2011, amendmen t of this Act , 
if the decision  has not been issued for such  a request and if the invention 
patent is still in force at the time of the implement ation , the amended Act 
shall govern . 
Article 15 5 Transitional provisions: no revival of extinguished patent right  
If any of the following event s exists at the time of  the implementation of  
November 29, 2011, amendmen t of this Act,  Paragraph 4 of Article 52, 
Paragraph 2 of Article 7 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis under  Article 12 0, Paragraph 2 of Article 7 0 applicable muta tis 
mutandis under  Article 12 0, Paragraph 4 of Article 52 applicable mutatis 
mutandis under  Paragraph 1 of Article 14 2, and Paragraph 2 of Article 7 0 
applicable mutatis mutandis under  Paragraph 1 of Article 14 2 shall  not appl y: 
1. where, at the time of  the said implementation , the time period  for 75 payment of  annuity has expired and the patent  concerned  has become 
non-existent ab initio pursuant to  the former Paragraph 1 of Article 51, 
Paragraph 1 of Article 101, or Paragraph 1 of Article 113 of this Act; or 
2. where, at the time of  the said implementation , a patent has become  
extinguished  pursuant to the  former Subp aragraph 3 of Article 66, 
Subp aragraph 3 of Article 66 applicable mutatis mutandis under  Article 108, or 
Subp aragraph 3 of Article 66 applicable mutatis mutandis under  Paragraph 1, 
Article 129 of this Act. 
Article 15 6 Transitional provisions : pending patent application for design  
In respect of a patent  application for design that is still pending  at the 
time of the implementation  of the November 29, 2011 , amendmen t of this Act,  
the applicant may , within three  (3) months after the implementation , file a 
request  to convert it to a patent application  for partial design.  
Article 1 57 Transitional provisions : pending patent application for 
associated desi gn 
In respect of a patent application for associated design that is still 
pending at the time of  the implement ation of  the November 29, 2011, 
amendmen t of this Act,  the provisions of this Act prior to amendment with 
respect to associated design  patent  shall apply . 
In respect of  a patent application for  associated design  that is still 
pending  at the time of  the implement ation of  the November 29, 2011, 
amendmen t of this Act,  if the patent application for associated design  is filed 
prior to the publication of its original patent application for design , the 
applicant may file a request to convert  it to a patent application for derivative 
design  within three (3) months after  the implementation of the amend ed Act . 
Article 157 -1 Transitional provisions: grace perio d 
Article 22, Article 59, Article 122 and Article 142 amended on December 
30, 2016 shall be applicable only to patent applications filed after the 
implementation of the said amendment to this Act.  
Article 1 58 Prescription of Enforcement Rules  76 The Enforceme nt Rules of this Act shall be prescribed by the competent 
authority.  
Article 1 59 Date of implementation  
The date on which this Act takes effect shall be decided by the Executive 
Yuan.  
The May 31, 2013 amendment of this Act is to be implemented on the 
date of its promulgation .