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 Enforcement Rules of the Patent Act 
(2014) 
 
1. Announced on September 26, 1947; entered into force on January 1, 1949 
2. Amended on August 16, 1958 
3. Amended on August 22, 1973  
4. Amended on October 2, 1981  
5. Amended on April 18, 1986 
6. Amended on July 10, 1987  
7. Amended on October 3, 1994  
8. Amended on November 6, 2002  
9. Amended on April 7, 2004; effective on July 1, 2004 
10. Amended on August 19, 2008 
11. Amended on November 16, 2010  
12. Amended on November 9, 2012; entered into force on January 1, 2013 
13. Amended on November 6, 2014; entered in to force on November 8, 2014  
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Chapter 1 General Provisions 
Rule 1 
These Enforcement Rules are for mulated pursuant to Article 158 of the Patent 
Act (hereinafter referred to as the Act). 
Rule 2 Any application to be filed pursuant to the Act and  these Enforcement Rules 
shall, except that to be filed by electronic  means pursuant to Article 19 of the 
Act, be in written form and s hall be affixed with the signature or seal of the 
applicant, or the signat ure or seal of the patent agent appointed by the 
applicant. The Specific Pa tent Agency may, as it deem s necessary, request the 
applicant to submit the docu ment(s) proving the iden tity of the natural or 
juristic person. 
Any application to be filed in written form pursuant to the Act and these 
Enforcement Rules shall use the writt en forms designated by the Specific 
Patent Agency; the formats and number of copies thereof shall be prescribed 
by the Specific Patent Agency. 
Rule 3 
Where the Chinese translation of technic al terminology has been made by the 
National Academy for Educational Researc h, such official translation shall 
prevail. However, in the ab sence of such official translation or as it deems 
necessary, the Specific Patent Ag ency may request the applicant to annotate 
the Chinese terminology with its original foreign version. 
The document(s) for filin g a patent application or ot her proceedings shall be 
in Chinese. In case any document(s) of proof is written in  a foreign language, 
the Specific Patent Ag ency may, as it deems necessar y, request the applicant 
to submit a full-text Chinese translat ion or a Chinese translation of an excerpt 
thereof. 
Rule 4 
Any document(s) of proof submitted pursuant to the Act and these 
Enforcement Rules shall be the original or the certified copy thereof. 
Upon making preliminary showing that the photocopy of the document(s) of 
proof is identical to the original or the ce rtified copy, except for the certified 
priority document, the parties involved may submit the photocopy instead. However, where a photocopy of the docum entary evidence is submitted as 
evidence of invalidation, it shall be proved to be identical to the original or 
the certified copy thereof. 
When the original or the certified copy of the document(s) of proof has been 
verified by the Specific Patent Agency, it may be returned to the applicant.  
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 Rule 5 
Where a person files a pate nt application or taking other proceedings in 
connection with patent matt ers in written form, t he date of application and 
other proceedings shall be the date on which the Specific  Patent Agency 
receives the written docu ment; however, where the delivery thereof is made 
via post, the date of application and other proceedings shall be the postmark 
date. 
The date of application and other  proceedings whose postmark date appears 
to be ambiguous shall be the date of r eceipt by the Specific  Patent Agency, 
unless otherwise proved by  the parties involved.  
Rule 6 
With regard to the time period(s) s pecified by Specific Patent Agency 
pursuant to the Act and t hese Enforcement Rules, an  applicant may, prior to 
the expiration thereof, make a request stating the reasons for the delay to the 
Specific Patent Ag ency for an extension. 
Rule 7 Where a request is made for recordation of the c hange to the name, seal, 
domicile/residence, or business establ ishment of the applicant, the 
document(s) of proof shall accompany such request. This provision shall not 
apply where the change thereto needs not be proved by document(s). 
Rule 8 Where a change of entitled appl icant is requested due to a transfer of the right 
to apply for patent, the request shall be submitted and accompanied by the 
following documents: 
1. in the event that the change of ent itled applicant is due to an assignment, 
the deed of assignment of the right to apply for patent or document(s) of 
proof of the assignment; where the assignment is made due to amalgamation 
or acquisition of companies, however, the document(s) of proof of the 
amalgamation or acquisit ion should be submitted; 
2. in the event that the change of ent itled applicant is du e to inheritance, the 
certificate of death and t he instrument of succession. 
Rule 9 Where the applicant designates an agent, the document specifying the extent 
of power conferred upon t he agent and the address to receive service shall be 
submitted to the Specif ic Patent Agency. 
Where agents for patent application and other p roceedings are designated, 
the number of agents shall not exceed three (3). 
Where two or more agents ar e designated, each of them  may act on behalf of 
the applicant severally.  
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 In the event that the designation v iolates the provision of the preceding 
paragraph, the agent still may act on behalf of the applicant severally. 
Where the power or agent is changed, unless a written notice is submitted to 
the Specific Patent Agency,  such change has no effect to the Specific Patent 
Agency. 
Any change to the agent’s address shall be reported to  the Specific Patent 
Agency. 
Rule 10 The agent may take any action within t he extent of power conferred upon.  
However, actions of designatin g or discharging an agent, withdrawing a 
patent application, withdrawing a divis ional patent application, withdrawing 
a converted patent application, with drawing a request for reexamination, 
withdrawing a request for post-gr ant amendment, withdrawing an 
invalidation action, or ab andoning a patent right s hall not be taken without 
being specially empowered. 
Rule 11 Where the application documents do not conform to statutory requirements 
but such nonconformance may be remedied , the Specific Pa tent Agency shall 
notify the applicant to complete the r equirements within a specified time 
limit; where the requir ements are not completed within the specified time 
limit or are still incomp lete, the application shall be processed pursuant to 
Paragraph 1, Article 17 of the Act. 
Rule 12 When requesting for reins tatement under Paragraph 2, Article 17 of the Act, a 
request form shall be submitted to the S pecific Patent Ag ency stating the 
reasons for the delay and the date of extinguishment of such delay, and 
accompanied by the document(s) of proof. 
Chapter 2 Application and Examin ation of Invention Patent 
Rule 13 
Where the priority is claimed pursu ant to Paragraph 1, Article 28 or 
Paragraph 1, Article 30 of the Act, the so-called “prior to the filing of the 
patent application” in Article 22 of t he Act, and the so-called “earlier-filed” in 
Article 23 of the Act shall mean prior to the priority date.  
The so-called “printed publ ication” in Article 22 of the Act shall mean 
documents or other storage media carr ying information that is open to the 
public. 
The period of six (6) months prescribed under Paragraph 3, Article 22 of the 
Act is calculated from the day following the occurrence of the facts listed in 
Subparagraph 1 through Su bparagraph 4 of the same paragraph to the filing 
date prescribed under Paragraph 2, Article 25 of the Act.  
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 Rule 14 
The so-called “a person ordinar ily skilled in the art” in Article 22, Article 26, 
and Article 27 of the Act shall mean  a person having general knowledge and 
ordinary skill in the art of the in vention at the time of filing. 
In the preceding paragraph, the time of  filing shall mean the priority date 
where priority is claimed pu rsuant to Paragraph 1, Ar ticle 28 or Paragraph 1, 
Article 30 of the Act. 
Rule 15 Where a person has obtained t he right to apply for patent due to inheritance, 
assignment, employment or capital cont ribution, with respect to the 
disclosure of the inventio n made by the predecessor, assignor, employee or 
appointee prior to the filing, the provisions of Paragraph 3, Article 22 of the 
Act shall apply.  
Rule 16 
When filing a patent application for in vention, the application form shall 
specify the following items: 
1. title of invention; 
2. name and nationality of the inventor; 
3. name, nationality, and domicile/residence or business establishment of the 
applicant; name of the represen tative, if any ; and 
4. name and business establishment of the agent, if an agent is designated. 
Under any of the following circumstan ces, a statement shall be made at the 
time of filing: 
1. where the facts prescribed under Subp aragraphs 1 to 3, Paragraph 3, Article 
22 of the Act are claimed; 
2. where the priority prescribed under Pa ragraph 1, Article 28 of the Act is 
claimed;  
3. where the priority prescribed under Pa ragraph 1, Article 30 of the Act is 
claimed; and 
4. where the declaration is made in  respect of a patent application for 
invention and a patent application for ut ility model filed for the same creation 
on the same date as prescribed under Paragraph 1, Article 32 of the Act. 
Where an applicant claims the facts presc ribed under Subparagraphs 1 to 3, 
Paragraph 3, Article 22 of the Act, each fact shall be stated at the time of filing.  However, where the facts are closely and insepar ably related, one may state 
only the fact of the first occurrence. 
Where each fact is stated according to  the preceding paragraph, the period 
prescribed under Paragraph 3, Article 22 of the Act is calculated from the date 
of the fact of the first occurrence.  
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 Rule 17 
When filing a patent applicat ion for invention, the description shall contain 
the following items: 
1. title of invention; 2. technical field; 3. background art: indic ating the background art known to the applicant, 
where relevant materi als reflecting such art may be submitted; 
4. summary of invention: disclosing the problem(s) that the invention aims to 
solve and its technical so lution adopted to solve the problem(s); and stating 
any advantageous effects of the invention with refer ence to the background 
art; 
5. brief description of drawing(s): wher e the description is accompanied by 
drawing(s), description of the drawing(s) shall be made in concise wording 
according to the drawing sequence; 
6. description of embodiments:  describing at least one way of carrying out the 
invention, using examples w here appropriate and referring to the drawing(s), 
if any; and 
7. reference signs list: where the de scription is accompani ed by drawing(s), 
major reference signs of the drawing( s) shall be listed and illustrated 
according to the drawing sequence  or reference signs sequence. 
The description shall be presented in th e manner and order specified in each 
subparagraph of the pr eceding paragraph, and each of  the parts shall be 
preceded by a heading; unless, owing to the nature of the invention, a 
different presentation would result in a better understanding. 
The paragraphs of the description may be numbered co nsecutively with four 
Arabic numbers arranged in square brackets, so as to clearly identify each 
paragraph. 
The title of invention should concis ely state the conte nts of the claimed 
inventions, where no irr elevant wording is allowed. 
When a patent application for invention involves a biological material or 
utilization of a biologic al material, where the biological material concerned 
has been deposited, the description shal l specify the depository, date of 
deposit and deposit number. In the ev ent that, prior to filing the patent 
application, the biological material concer ned has been deposited in a foreign 
depository recognized by t he Specific Patent Agenc y, the description shall 
also specify the foreig n depository, date of deposit and deposit number. 
Where a patent application for inventio n contains disclosure of one or more 
nucleotides and/or amino acids sequence, a sequen ce listing complying with 
the standard provided by the Specific Patent Agency s hall be submitted as a  
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 separate part of the description, in addit ion thereto, a copy of the said 
sequence listing in computer -readable form may be submitted. 
Rule 18 
The claim(s) of an inve ntion may be presented in mor e than one independent 
claim; the number of claim(s) shall be co nsistent with the disclosure of the 
invention; when necessary, the claim(s) may contain more than one 
dependent claim. The independ ent claim(s) and the dependent claim(s) shall 
be consecutively arranged in Arabic numerical sequence according to their 
dependent relations. 
An independent claim shall state the des ignation of the subject matter as 
claimed and the essential t echnical features of the in vention that the applicant 
regards as his/her invention. 
A dependent claim shall state the Arabic number(s) of the claim(s) on which it 
depends, the designation of the subject matt er and the technical features other 
than those in the claim(s) on which it  depends; whenever an interpretation of 
a dependent claim is made, it  shall contain all the tech nical features of the 
claim(s) on which the dependent claim depends. 
A dependent claim depending on  two or more claims s hall be referred to as a 
multiple dependent claim and shall be presented in alternative. 
A dependent claim may only depend on the preceding dependent or 
independent claim(s). However, direct or indirect dependence is not allowed 
among multiple dependent claims. 
An independent or a dependent claim shall be written in a single sentence. 
Rule 19 Unless absolutely necessary , the technical features of all the claim(s) may not 
be defined by referring to the page numb er(s) or line number(s) of the 
description, drawing(s) or referenc e sign (s) in the drawing(s). 
The technical features of t he claim(s) may refer to the corresponding reference 
sign(s) in the drawing(s), and t he reference sign(s) shall follow the 
corresponding technical features and be placed in parentheses; the reference 
sign(s) may not serve to limit the interpretation of the claim(s). 
The claim(s) may contain the chem ical or mathematical formulae but not 
drawing(s). 
A technical feature in a c laim for an invention which co nsists of a combination 
of multiple technical features may be ex pressed in means-plus-function or 
step-plus-function language.  Such c laim shall be interpreted to cover the 
corresponding structure, material, or acts described in the description and 
equivalents thereof.  
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 Rule 20 
Where an independent claim of  an invention is presen ted in two-part form, 
the preamble portion shall contain the des ignation of the subject matter as 
claimed and those essential technic al features that the subject matter as 
claimed and the prior art are in comm on; the characterizing portion shall state 
the essential technical features of the inv ention which distinguish the subject 
matter as claimed fro m the prior art in such phase as “characterized in that,” 
“wherein the improvement compri ses,” or in similar expressions. 
The technical features of th e characterizing portion s hall be in combination 
with those of the preamble portion in interpreting such independent claim. 
Rule 21 
An abstract shall concisely state the disclosure of the invention, and be limited 
to the technical prob lem(s) it intends to solve, the technical solution adopted 
to solve the problem(s), and  the principal use of t he invention; in principle, 
the text of abstract is not to exc eed 250 words; for an invention involving 
chemical formula, its abstract shall disclose the formula that can best 
characterize the inv entive feature(s). 
An abstract may not contain any commercial advertisement wording. 
For an abstract failing to  comply with the preceding two paragraphs, the 
Specific Patent Agency may notify  the applicant to make an amendment 
within a specified time limit, or not ify the applicant of the amendment being 
made ex officio . 
The applicant shall designat e a representative dr awing that can best 
characterize the technical feature(s) of the invention and list the primary 
reference sign(s) in t he representative draw ing accompanied by brief 
description(s). 
In case of failure to designate a repr esentative drawing or inappropriate 
designation of a representative  drawing, the Specif ic Patent Agency may 
notify the applicant to complete the requirements within a specified time 
limit, or notify the applicant of the designat ion or deletion being made ex 
officio . 
Rule 22 In a patent application for invention, the technical term inology and the 
reference sign(s) used in  the description, claim(s),  and abstract shall be 
consistent. 
The description, claim(s), and abstract referred to in the preceding paragraph 
should be typed or printed. 
Where the description, claim(s), and abst ract are filed in a foreign language, 
the submitted Chinese translation thereo f shall be precise and complete.  
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 Rule 23 
In a patent application for in vention, the drawing(s)  shall be made clearly 
with ink lines based on the engin eering drawing method; when scaled down 
to two-thirds, all the details disclosed in each drawing shall still be clearly 
distinguished. 
The drawing(s) shall be  annotated with drawin g designation(s) and reference 
sign(s), arranged according to the draw ing sequence, and s hall not specify 
descriptive words, unless ot herwise indispensable. 
Rule 24 
In the event that parts of the description or the draw ing(s) are missing from 
the patent application for invention, the fi ling date shall be the date on which 
the missing parts of the description or the drawing(s) are filed. However, the filing date shall be the date on whic h the application was first filed under any 
of the following conditions: 
1. where the application c laims priority of an ear lier application, and the 
missing parts of the description or t he drawing(s) are completely contained in 
the earlier application; or 
2. where the applicant withdraws the earlier filed missing parts of the 
description or the drawing(s) within  thirty days after being served with a 
notification confirming t he filing date by the Spec ific Patent Agency. 
Where the description or draw ing(s) referred to in t he preceding paragraph is 
submitted in a foreign language, t he above provisions  shall apply. 
Rule 25 The period of twelve (12) months prescrib ed under Paragraph 1, Article 28 of 
the Act is calculated fro m the day following the filin g date of first patent 
application in a country wh ich reciprocally recogni zes ROC-based priority 
claims or a member of the World Trade  Organization (WTO) to the filing date 
prescribed under Paragraph 2, Article 25 of the Act. 
The period of twelve (12) months presc ribed under Subparagraph 1, 
Paragraph 1, Article 30 of the Act is  calculated from t he day following the 
filing date of the earlie r patent application to the fi ling date prescribed under 
Paragraph 2, Article 25 of the Act. 
Rule 26 
The priority document to be submitted pu rsuant to Paragraph 2, Article 29 of 
the Act shall be the certified copy.    
In the event that the priority documen t submitted by the applicant within the 
time limit prescribed under Paragraph 2, Article 29 of the Act is a photocopy, 
the Specific Patent Agenc y shall notify the applicant to submit the certified 
copy thereof within specif ied time limit; where such submission is not made 
within the specified time limit or t he submission is still incomplete, the  
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 priority claim is deemed not to have been  claimed pursuant to Paragraph 3, 
Article 29 of the Act. However, in the event that the certified priority 
document has already been submitted to the Specific Patent Agency, a 
photocopy specifying the number of  the patent application to which the 
certified priority document appends may be submitted as a substitute. 
In the event that the priority document referred to in Paragraph 1 has been 
exchanged between the Specif ic Patent Agency and the receiving patent 
authority of the country or the WTO member by means of electronic communication, the priority documen t is deemed to have been submitted by 
the applicant. 
Rule 26-1 
Where the priority is c laimed pursuant to Paragraph 1, Article 30 of the Act, 
in the event the certific ate fee and the first-year annuity with respect to the 
earlier patent application is paid pursuant to the Act, either at the same time, 
prior to or after the c laiming of priority, the S pecific Patent Agency shall 
notify the applicant to withdraw within the specified time period either the 
priority claim of the subsequent patent application or the request for patent 
certificate of the earlier patent applic ation. If a withdrawal has not been made 
within the specified time period, the ea rlier patent application shall not be 
published and the Specific Patent Ag ency shall notify t he applicant that the 
certificate fee and the first-year annuity may be refu nded by request. 
Rule 26-2 
The so-called “on the same date” prescribed under Paragraph 1, Article 32 of 
the Act shall mean a patent appl ication for invention and a patent application 
for utility model having been filed in a ccordance with, respectively, 
Paragraph 2, Article 25 and Paragr aph 2, Article 106 of the Act, and having 
the same filing date. In the event that the priority claims are made, the 
priority dates shall also be the same. 
The situation where the applicant has not made respective declarations as 
prescribed under Paragraph 1, Article 32 of the Act includes  the applicant not 
having made any declaration for both the patent application for invention and the patent application for utility model, or the applicant not having made any 
declaration for either of  the two applications. 
In the event that the utility model patent bec omes extinguished or is revoked 
finally and bindingly af ter the approval of the patent application for 
invention but prior to the publication of that invention patent, the invention 
patent shall not be published. 
Rule 27 
The so-called “linked as to form a sing le general inventive concept” in 
Paragraph 2, Article 33 of the Act shal l mean that two or more inventions are 
technically related to one another.  
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 The inventions that are t echnically related to one anot her referred to in the 
preceding paragraph shall co ntain one or more same or  corresponding special 
technical features. 
The so-called “special tech nical features” referred to in the preceding 
paragraph shall mean t he technical features whic h define a contribution 
which each of the claimed inventions, considered as a whole, makes over the 
prior art.  
The determination of whether  two or more inventions  are technically related 
to one another shall be made without re gard to whether the inventions are 
claimed in separate claim s or as alternatives wi thin a single claim. 
Rule 28 
When requesting for division of a pate nt application for invention, a request 
form shall be submitt ed for each divisional patent application, accompanied 
by the following documents: 
1. description, claim(s), abstract, and drawing(s); 
2. where the circumstance(s) prescribed under Paragraph 3, Article 22 of the 
Act is claimed in the original application, the document(s) of proof of the facts 
involved; and 
3. where the patent applicat ion for invention involves  a biological material or 
utilization of a biological material, the certificate of deposit thereof. 
Under any of the following circumstan ces, a statement shall be made at the 
time of filing the request form for each divisional patent application: 
1. where the circumstances prescribed under Subparagraphs 1 to 3, Paragraph 
3, Article 22 of the Act are claimed; 
2. where the priority prescribed under Pa ragraph 1, Article 28 of the Act is 
claimed; or 
3. where the priority prescribed under Pa ragraph 1, Article 30 of the Act is 
claimed. 
The divisional patent application shal l not differ from the original patent 
application in its type. 
Rule 29 Where a request for division is filed pursuant to Subp aragraph 2, Paragraph 
2, Article 34 of the Act after the original patent application has been 
approved, the request shall be based on  the invention(s) disclosed in the 
description or the drawing(s), but not  those claims that have been approved 
in the original patent application. 
When filing a request stated  in the preceding paragraph, no alteration may be 
made to the description, claim(s), or  drawing(s) of the original patent 
application that have been approved.   
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 Rule 30 
Where a patent application is filed pursua nt to Article 35 of the Act, an 
application form shall be submitted and accompanied by the document(s) of 
proof showing that the invalidation decis ion revoking the patent has become 
final and binding. 
Rule 31 Whenever a patent applic ation for invention is laid  open by the Specific 
Patent Agency, the following items  shall be laid open to the public: 
1. application number; 
2. laying open number; 
3. laying open date; 
4. international patent  classification; 
5. filing date; 6. title of invention; 
7. name(s) of the inventor(s); 
8. name and domicile/residence or busine ss establishment of the applicant; 
9. name of the agent, if an agent is designated; 
10. abstract; 
11. the drawing that can best characteri ze the technical features of the 
invention, and description(s) of the reference sign(s) in the drawing 
accompanied; 
12. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member  receiving the respective 
first patent application(s), application number(s) and filing date(s) thereof; 
13. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective applic ation number(s) and filing date(s) thereof; and 
14. status for whether a request for substantive examination has been applied. 
Rule 32 When requesting for a substantive ex amination of a patent application for 
invention, a request form shall be subm itted, specifying the following items: 
1. application number; 2. title of invention; 
3. name, nationality, and domicile/residence or business establishment of the 
applicant for substantive examination; t he name of the representative, if any; 
4. name and business establishment of t he agent, if an agent is designated; 
and  
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 5. identification of whether the requester for the substantial examination is the 
patent applicant. 
Rule 33 
When requesting for prioritized exam ination of a patent application for 
invention, a request form shall be subm itted, specifying the following items: 
1. application number and  laying open number; 
2. title of invention; 
3. name, nationality, and domicile/residence or  business establishment of the 
applicant for prioritized ex amination; the name of the representative, if any; 
4. name and business establishment of the agent, if an agent is designated;  
5. identification of whether the requester for priorit ized examination is the 
patent applicant; and 
6. a statement with respect to the status  of commercial exploitation of the 
patent application for invention ; where there is an agreement, the history of 
reaching the agreement. 
Where a request for prioritized examinat ion of the patent application for 
invention has been made but a request for  substantive exam ination thereof 
has yet to be filed, a request for subst antive examination as prescribed in the 
preceding article shall also be made. 
The relevant document(s) of proof to be submitted pursuant to Paragraph 2, 
Article 40 of the Act shall include: adv ertising catalogu es, other written 
materials reflecting the facts of commerc ial exploitation, or t he written notice 
prescribed under Paragraph 1, Article 41 of the Act. 
Rule 34 Where the Specific Patent Agency not ifies the applicant to appear for an 
interview, to perform experiment, to  supplement model(s) or sample(s), or to 
amend the description, claim(s),  or drawing(s), in case of failure to act within 
the specified time limit, or to conduc t any act pursuant to the contents of the 
notification, the Spec ific Patent Agency may co ntinue the examination based 
on the materials available. 
Rule 35 In case of obvious error(s) found in t he description, claim(s), or text(s) or 
reference sign(s) in the dr awing(s), the Specific Pa tent Agency may correct the 
error(s) ex officio  and notify the applicant of the correction(s) being made. 
Rule 36 
When requesting for amending the description, claim(s), or drawing(s) of a 
patent application for invention, a reques t form shall be submitted and 
accompanied by the following documents:  
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 1. the amended sheet(s) of t he description or claim(s) on  which the portions of 
the amendment are mark ed; the original disclosure to be deleted shall be 
presented by a strike lin e crossing out the deleted text(s); the added 
disclosure shall be presented by unde rlining the added text(s). However, 
deleting claim(s) may be presented by annotation of descriptive text(s). 
2. the replacement sheet(s) of  description, claim(s), or  drawing(s) after the 
amendment without marks; in case t he page sequence, c laim sequence, or 
drawing sequence of the description, claim(s), or drawing(s) are not 
continuous due to the amendment , a complete set of description, claim(s), or 
drawing(s) after the amendment shall be submitted. 
The request form referred to in the preceding paragraph s hall specify the 
following items: 
1. where an amendment is made to t he description, the page number(s), 
paragraph number(s), and  line number(s) thereo f and reasons for the 
amendment; 
2. where an amendment is mad e to the claim(s), the number(s) thereof and 
reasons for the amendment;  
3. where an amendment is made to the drawing(s), the designation(s) thereof 
and reasons for the amendment. 
Where an amendment is made to the claim (s), if parts of the claims are 
deleted, number(s) of the remaining claim(s) should be rearranged with 
Arabic numeral(s) according to the claim sequence; wher e an amendment is 
made to the drawing(s), if  parts of the drawings  are deleted, the drawing 
designation(s) of the remaining drawing(s)  should be rearranged according to 
the drawing sequence. 
In the event that the Specif ic Patent Agency has issued a final notice to the 
patent application for invention, the am endment reasons set forth in 
Subparagraph 2, Paragraph 2 of this Rule shall st ate the respective grounds 
prescribed under Paragraph 4, Article 43 of the Act. 
Rule 37 
When requesting for correcting the description, claim(s), or drawing(s) due to 
translation errors, a requ est form shall be submitted and accompanied by the 
following documents: 
1. the corrected sheet(s) of t he description or claim(s) on  which the portions of 
the correction are marked; the or iginal disclosure to be deleted shall be 
presented by a strike lin e crossing out the deleted text(s); the added 
disclosure shall be presented by un derlining the added text(s); and   
2. the replacement sheet(s) of  description, claim(s), or drawing(s) after 
correction without marks. 
The request form referred to in th e preceding paragraph shall specify the 
following items:  
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 1. where a correction is made to t he description, the page  number(s), 
paragraph number(s), and line number(s) thereof, reasons for correction, and 
the page number(s), parag raph number(s), and line number(s) of the 
corresponding descriptio n in the application in  foreign language; 
2. where a correction is made to the claim(s), the numb er(s) thereof, reasons 
for the correction, and the c laim number(s) of the co rresponding claim(s) in 
the application in foreign language;  
3. where a correction is made to the drawing(s), the des ignation(s) thereof, 
reasons for the amendment, and the designation(s) of the corresponding 
drawing(s) in the appli cation in foreign language. 
Rule 38 
In case a correction of translation error(s) and an amendment are 
simultaneously made to the description, claim (s), or drawing(s) of the patent 
application for invention, the request for correction and the request for 
amendment may be submitted separat ely, or a reques t for correction 
specifying both the correction an d amendment may be submitted. 
In case a correction of translation error( s) and a post-grant  amendment are 
simultaneously made to the description, c laim(s), or drawing(s) of the 
invention patent, the above provision shall apply. 
Rule 39 
Subsequent to laying open but prior to is suing the examination decision, 
anyone considering that the claimed in ventions shall not be granted may 
submit his/her comments to the Spec ific Patent Agency, which may be 
accompanied by reasons and evidence thereof. 
Chapter 3 Application and Examination of Utility Model Patent 
Rule 40 
In the event that parts of the description or drawing( s) are missing from the 
patent application for utility model, the filin g date shall be the date on which 
the missing parts of the description or the drawing(s) are filed. However, the 
filing date shall be the date on which the application was first filed under any 
of the following conditions: 
1. where the applicant claims priorit y of an earlier application, and the 
missing parts of the description or t he drawing(s) are completely contained in 
the earlier application; or 
2. where the applicant withdraws the earlier filed missing parts of the 
description or parts of the drawing(s)  within thirty (30) days after being 
served with a notification confirming the filing date by the Specific Patent 
Agency. 
Where the description or dr awing(s) referred to in  the preceding paragraph 
are submitted in a foreign language, t he above provisions  shall apply.  
16 
 Rule 41 
The period of twelve (12) months prescribed under Paragraph 1 of Article 28 
applicable mutatis mutandis  under Article 120 of t he Act is calculated from the 
day following the filing date of the firs t patent application in a country which 
reciprocally recognizes ROC-based pr iority claims or a member of the WTO 
to the filing date prescribed under Paragraph 2, Article 106 of the Act. 
The period of twelve (12) months presc ribed under Subparagraph 1, 
Paragraph 1 of Ar ticle 30 applicable mutatis mutandis  under Article 120 of the 
Act is calculated from the day following the filing date of the earlier patent 
application to the filing date prescribed under Paragraph 2, Article 106 of the 
Act. 
Rule 42 When requesting for a tech nical evaluation report  of utility model patent 
pursuant to Paragraph 1, Article 115 of the Act, a request form shall be 
submitted specifying  the following items: 
1. application number; 2. title of utility model; 
3. name, nationality, and domicile/residence or business establishment of the 
applicant for the technic al evaluation report of utility model patent; the name 
of the representative, if any; 
4. name and business establishment of t he agent, if an agent is designated; 
and 
5. identification of whether t he requester is the patentee. 
Rule 43 The relevant document(s) of proof to be submitted pursuant to Paragraph 5, 
Article 115 of the Act shall include: a writ ten notice issued by the patentee to a 
party not entitled to exploit the patent for commercial purpose, advertising 
catalogues, or other written materials  reflecting the facts of commercial 
exploitation. 
Rule 44 
The technical evalu ation report of utility model patent shall specify the 
following items: 
1. certificate number of  the utility model patent; 
2. application number; 3. filing date; 
4. priority date; 
5. the date that a request for rendering a technical evaluation report is made; 
6. title of utility model;  
17 
 7. name and domicile/residence or busine ss establishment of the patentee; 
8. name of the requester for  the technical evaluation report of utility model 
patent; 
9. name of the agent, if an agent is designated; 10. name of the patent examiner; 11. international patent classification; 
12. range of prior art documents; and 
13. comparative conclusions 
Rule 45 
Rules 13 to 23, Rules 26 to 28, Rule 30, and Rules 34 to 38 shall apply mutatis 
mutandis  to utility model patent. 
Chapter 4 Application and Examination of Design Patent 
Rule 46 
Where the priority is claim ed pursuant to Paragraph 1,  Article 28 of the Act 
applicable mutatis mutandis  under Paragraph 1, Article 142 of the Act, the so-
called “prior to the filing of the patent application” in Article 122 of the Act 
and the so-called “earlier-filed” in Artic le 123 of the Act shall mean prior to 
the priority date. 
The so-called “printed pu blication” in Article 12 2 of the Act shall mean 
documents or other storage media carr ying information that is open to the 
public. 
The period of six (6) months prescribed un der Paragraph 3, Article 122 of the 
Act is calculated from the day following the occurrence of the facts listed in 
Subparagraph 1 through Su bparagraph 3 of the same  paragraph to the filing 
date prescribed under Paragraph 2, Article 125 of the Act. 
Rule 47 
The so-called “a person ordinarily  skilled in the art” in Article 122 and Article 
126 of the Act shall mean a person having general knowledge and ordinary 
skills in the art of the design at the time of filing. 
In the preceding paragraph, the time of  filing shall mean the priority date 
where priority is claimed pursuant to Paragraph 1, Article 28 of the Act 
applicable mutatis mutandis  under Paragraph 1, Article 142 of the Act. 
Rule 48 Where a person has obtained t he right to apply for patent due to inheritance, 
assignment, employment or capital cont ribution, with respect to the 
disclosure of the design made by th e predecessor, assignor, employee or 
appointee prior to the filing, the provisions  of Paragraph 3, Article 122 of the 
Act shall apply.  
18 
 Rule 49 
When filing a patent applic ation for design, the applic ation form shall specify 
the following items: 
1. title of design; 2. name and nationality of the designer; and 3. name, nationality, and domicile/residence or business establishment of the 
applicant; the name of the r epresentative, if any; and 
4. name and business establishment of the agent, if an agent is designated; 
Under any of the following circumstan ces, a statement shall be made at the 
time of filing: 
1. where the facts prescribed under Su bparagraphs 1 and 2, Paragraph 3, 
Article 122 of the Act are claimed; or 
2. where the priority prescribed unde r Paragraph 1, Arti cle 28 applicable 
mutatis mutandis  under Paragraph 1, Article 142 of the Act is claimed. 
When filing a patent application for  derivative design, the application 
number of the original patent application for design shall be specified in the 
request form, in addition to the items st ated in the preceding two paragraphs. 
Where an applicant claims the facts prescri bed under Subparagraph 1 or 2, 
Paragraph 3, Article 122 of the Act, each fact shall be stated at the time of 
filing.  However, where the facts ar e closely and ins eparably related, one 
may state only the fact of the first occurrence. 
Where each fact is stated according to the preceding paragraph, the period 
prescribed under Paragraph 3, Article 122 of the Act is calculated from the 
date of the fact of the first occurrence. 
Rule 50 
When filing a patent appl ication for design, the de scription shall contain the 
following items: 
1. title of design; 2. purpose of article; and 
3. description of design. 
The description shall be presen ted in the manner and order specified in each 
subparagraph of the pr eceding paragraph, and each of  the parts shall be 
preceded by a heading. However, t he items stated in Subparagraph 2 or 3 of 
the preceding paragraph may be omitt ed where such items are clearly 
reflected by the title of design or the drawing(s). 
Rule 51 
The title of design shall clearly designate the ar ticle to which the design 
applied; irrelevant wording is not allowed.  
19 
 The purpose of article serves to facili tate description of usage, function, and 
the like of the article to which the design applied. 
The description of design serves to fac ilitate description of shape, patterns, 
colors, or any combinat ion thereof. The following  circumstances shall be 
stated, if any: 
1. the disclosed content of the drawing( s) contains parts which do not form 
part of the claimed design; 
2. for computer icons and graphic user interfaces applied to an article that are 
designed with continuous dynamic chang es, the change sequence; or 
3. the omission of the drawing(s) due to identicalness of drawing(s), 
symmetry of drawing(s), or any other causes. 
A concise statement may be made in the description of design when 
necessary under any of the following circumstances: 
1. where the appearance of design changes because of the characteristics of 
different materials used, adjus tment of function, or change in state of use; 
2. where there is auxiliary drawing(s)  or reference drawing(s); or 
3. in a patent application for des ign claiming a set of arti cles, the title of each 
article constituting the set. 
Rule 52 
The terminology used in the title of d esign, purpose of article, and description 
of design in the descri ption shall be consistent. 
The description referred to in the preceding paragr aph should be typed or 
printed. 
Where foreign language document(s) is su bmitted pursuant to the Paragraph 
3, Article 125 of the Act, the description shall contain the prec ise and complete 
translation. 
Rule 53 
In a patent application for design, the dr awing(s) shall contain sufficient 
views so as to fully disc lose the appearance of the c laimed design; where the 
design is three-dimensional, t he drawing(s) shall co ntain a perspective view; 
where the design is applied to a boundless plane in form, the drawing(s) shall 
contain an element view. 
The views stated in the preceding paragraph may include a perspective view, 
a front view, a rear view, a left side view, a r ight side view, a top view, a 
bottom view, a plan view, an element view, or other auxiliary views. 
The drawing(s) shall be made clear with ink lines , computer drafting, or 
photographs based on engineering drawing method; when scaled down to 
two-thirds, all the details disclosed in  each drawing shal l still be clearly 
distinguished.  
20 
 Where colors are claimed, the drawing(s)  stated in the preceding paragraph 
shall present the colors. 
The parts in the drawing(s) which t he design intends to claim and not to 
claim shall be presented in  a manner by which the different parts can be 
clearly distinguished. 
A drawing annotated as a r eference view shall not serv e to interpret the scope 
of the design patent. 
Rule 54 In a patent application for des ign, each drawing shall be ann otated with a title, 
and a perspective view or a drawin g that can best characterize the design 
shall be designated as the representative drawing. 
In case of failure to designate a repr esentative drawing or inappropriate 
designation of a representative  drawing, the Specif ic Patent Agency may 
notify the applicant to complete the r equirements within a specified time 
limit, or notify the applic ant of designation being made ex officio . 
Rule 55 In the event that parts of  the description or parts of the drawing(s) are 
missing from the patent application for des ign, the filing date shall be the date 
on which the missing parts of the des cription or the draw ing(s) are filed. 
However, the filing date shall be the dat e on which the appl ication was first 
filed under any of the following conditions: 
1. where the applicant claims priority of an earlier application, and the  
missing parts of description or parts of the drawing(s) are completely 
contained in the earlier application; or 
2. where the applicant withdraws the ea rlier filed missing parts of the 
description or parts of the drawing(s)  within thirty (30) days after being 
served with a notification confirming t he filing date by the Specific Patent 
Agency. 
Where the description or dr awing(s) referred to in  the preceding paragraph 
are submitted in a foreign language, t he above provisions  shall apply. 
Rule 56 The period of six (6) months prescribed un der Paragraph 2, Article 142 of the 
Act is calculated from the day following the filing dat e of the first patent 
application in a country wh ich reciprocally recogni zes ROC-based priority 
claims or a member of the WTO to the filing date prescribed under Paragraph 
2, Article 125 of the Act. 
Rule 57 
The so-called “same class” prescribed under Paragraph 2, Article 129 of the 
Act shall mean articles categorized unde r the same Class in the International 
Classification for Industrial Designs.  
21 
 Rule 58 
When requesting for division of a patent application for design, a request 
form shall be submitted for each divisional patent application accompanied 
by the following documents: 
1. description and drawing(s); and 2. where the circumstance(s) prescribed under Paragraph 3, Article 122 of the 
Act is claimed in the original patent applicat ion, the document(s) of proof of 
the facts involved. 
Under any of the following circumstan ces, a statement shall be made at the 
time of filing the request form for  each divisional patent application: 
1. where the facts prescrib ed under Subparagraph 1 or 2, Paragraph 3, Article 
122 of the Act are claimed; or 
2. where the priority prescribed unde r Paragraph 1, Article 28 applicable 
mutatis mutandis  under Paragraph 1, Article 142 of the Act is claimed. 
The divisional patent applic ation shall not differ from the original patent 
application in its type. 
Rule 59 
When requesting for amending the descrip tion or drawing(s) of a patent 
application for design, a reques t form shall be submit ted and accompanied by 
the following documents: 
1. the amended sheet(s) of the descriptio n on which the portions of the 
amendment are marked; the original disclosure to be deleted shall be 
presented by a strike lin e crossing out the deleted text(s); the added 
disclosure shall be presented by un derlining the added text(s); and    
2. the complete set of replacement descr iption or drawing(s) after the 
amendment without marks. 
The request form referred to in the preceding paragraph s hall specify the 
following items: 
1. where an amendment is made to the description, th e page number(s) and 
line number(s) thereof and reasons for the amendment;  
2. where an amendment is made to the dr awing(s), the title(s) thereof and 
reasons for the amendment. 
Rule 60 
When requesting for co rrecting the description or drawing(s) due to 
translation errors, a request form shall be submitted and accompanied by the 
following documents: 
1. the corrected sheet(s) of the descriptio n on which the portions of the 
correction are marked; the original dis closure to be deleted shall be presented  
22 
 by a strike line crossing out the deleted text(s); the added disclosure shall be 
presented by underlining the added text(s); and   
2. the complete set of replacement descriptio n or drawing(s) after correction 
without marks. 
The request form referred to in the preceding paragraph s hall specify the 
following items: 
1. where a correction is made to the de scription, the page number(s) and line 
number(s) thereof, reas ons for correction, and the page number(s) and line 
number(s) of the corresponding de scription in foreign language;  
2. where a correction is made to the drawing(s), the title( s) thereof, reasons for 
the correction, and the title(s) of t he corresponding drawing(s) in the 
application in foreign language. 
Rule 61 Rules 26, 30, 34, 35 and 38 shall apply mutatis mutandis  to design patent. 
The provisions in this Chapter are applicable to derivative design patent. 
Chapter 5 Patent Rights 
Rule 62 
Where priority is claimed pursuant to Para graph 1, Article 28 or Paragraph 1, 
Article 30 of the Act, the so-called “pr ior to the filing of application” in 
Subparagraph 3, Paragraph 1, Article 59 and Paragraph  1, Article 99 of the 
Act shall mean prior to the priority date. 
Rule 63 
When requesting for recordation of pat ent right assignment, a request form 
shall be submitted by the assignor or t he assignee and accompanied by deed 
of assignment or document(s) of proof  with respect to the assignment. 
When requesting for recordation of patent right succession due to 
amalgamation or acquisit ion of companies, the documen ts to be submitted in 
the preceding paragraph are document(s)  of proof with respect to the 
amalgamation or acquisition. 
Rule 64 
In requesting for recordation of patent right entrustmen t, a request form shall 
be submitted by the patentee or the trustee and accompanied by the following 
documents: 
1. for recordation of trust,  the deed of trust or docu ment(s) of proof with 
respect to such e ntrustment agreement; 
2. for deletion of trust recordation upon termination of the trust relation and 
the acquisition of the patent right by the settlor, the deed of trust or 
document(s) of proof with respect to su ch termination of the trust relation;  
23 
 3. for recordation of attrib ution of trusted patent right upon termination of the 
trust relation and the acquis ition of patent right by a third party, the deed of 
trust or document(s) of proof with respect to such trust attribution; 
4. for alteration of other matters in the recordation of  trust, document(s) of 
proof with respect to such alteration.   
Rule 65 In requesting for recordation of licensing of patent r ight, a request form shall 
be submitted by the patentee or the licensee and accompanied by the 
following documents: 
1. for recordation of licensing, the li cense agreement or document(s) of proof 
with respect to such licensing;  
2. for alteration of the r ecordation of licensing, document(s) of proof with 
respect to such alteration; 
3. for deletion of licensing recordation, a letter consenting deletion of the 
licensing recordation issued by the licen see, a judgment of the court along 
with a certificate stating the judgment is final and bind ing, or documents 
which legally have the equivalent effect as  a final and bi nding judgment of 
the court. However, wher e the license is terminate d due to expiration of the 
licensed term, the above documen ts need not be submitted. 
The license agreement or document(s) of proof referred to in Subparagraph 1 
of the preceding paragraph shal l specify the following items: 
1. title or certificate nu mber of the invention, ut ility model, or design patent; 
and 
2. type, scope, locality and term of license. Where the patentee licenses others to ex ploit part of the claims, the scope 
referred to in Subparagraph 2 of the preceding paragraph shall specify the 
number(s) of the licensed claim(s). 
The expiration date of the licensed term referred to in Subparagraph 2 of 
Paragraph 2 shall not be later than the expiration date of the patent term. 
Rule 66 
In requesting for recordation of sub-licensing of patent right, a request shall 
be submitted by the licensee or the su b-licensee and accompanied by the 
following documents: 
1. for recordation of sub-li censing, the sub-license contract or document(s) of 
proof with respect to such sub-licensing;  
2. for alteration of the recordation of su b-licensing, document(s) of proof with 
respect to such alteration; 
3. for deletion of sub-licensing recordation , a letter consenting deletion of the 
sub-licensing recordation issued by the sub-licens ee, a judgment of the court  
24 
 along with a certificate stating th e judgment is final and binding, or 
documents which legally have the equival ent effect as a final and binding 
judgment of the court. However, where t he sub-license is te rminated due to 
expiration of the licensed term or sub- licensed term, t he above documents 
need not be submitted. 
Paragraph 2 of the pr eceding Rule shall apply mutatis mutandis  to the items to 
be specified in the sub-license contrac t or the document(s) of proof thereof 
referred to in Subparagraph 1 of the preceding paragraph.  
The sub-licensed scope is limited to the or iginal licensed scope. 
Rule 67 
In requesting for recordation of pledge establishment of a patent right, a 
request form shall be submitted by the patentee or the pledgee and 
accompanied by the patent certif icate and the following documents: 
1. for recordation of pledge establishm ent, the pledge agreement or 
document(s) of proof with resp ect to such establishment; 
2. for alteration of the recordation of pledge establishment, document(s) of 
proof with respect to such alteration; 
3. for deletion of pledge establishment r ecordation, document(s) of proof with 
respect to the full discharge of pledged liabilities, a letter consenting deletion 
of pledge establishment recordation issu ed by the pledgee, a judgment of the 
court along with a certif icate stating the judgment is final and binding, or 
documents which legally have the equival ent effect as a final and binding 
judgment of the court.  
The agreement or document(s) of proof r eferred to in Subparagraph 1 of the 
preceding paragraph shall s pecify the following items: 
1. title or certificate number of t he invention, utility model or design patent; 
and 
2. amount of credit pledged and the te rm of the pledge establishment. 
The expiration date of the term of the pledge establishment referred in 
Subparagraph 2 of the preceding paragraph shall not be later than the 
expiration date of the patent term. 
Upon recordation under the fi rst paragraph with the Specific Patent Agency, 
the relevant items shall be annotated to the patent certificate and the Patent 
Registry. 
Rule 68 Where, pursuant to the laws, consent from a third party is required for 
recordation referred to in  the preceding five (5) rules, document(s) of proof 
with respect to such consent from the third party shall also be submitted.  
25 
 Rule 69 
In requesting for recordation of su ccession of patent right, a request form 
shall be submitted and accompanied by  the certificate of death and the 
instrument of succession. 
Rule 70 When requesting for am ending the post-grant descr iption, claim(s), or 
drawing(s) of a patent pu rsuant to Article 67 of t he Act, a request form shall 
be submitted and accompanied  by the following documents: 
1. the replacement sheet(s) of the descriptio n and drawing(s) after the post-
grant amendment without marks;  
2. where a post-grant amendment  is made to the claim (s), a complete set of 
the claims;  
3. where consent from the licensee, pledgee , or all joint ow ners is required 
pursuant to Article 69 of the Act, documen t(s) of proof with respect to such 
consent. 
The request form referred to in the preceding paragraph shall specify the 
following items: 
1. where a post-grant amendment is made to the description, the page 
number(s), paragraph number(s), lin e number(s) thereof, the contents 
amended, and reasons for the post-grant amendment; 
2. where a post-grant amendment is made to the claim(s), the claim(s) thereof, 
the contents amended, and reasons for the post-grant amendment;  
3. where a post-grant amendment is made to the drawing(s) , the designation(s) 
thereof and reasons fo r the post-grant amendment. 
The contents amended shall specify t he contents before and after the post-
grant amendment; the original disclosure to be deleted shall be presented by a 
strike line cr ossing out the deleted text(s);  the added disclosure shall be 
presented by underlining the added text(s). 
The reasons for post-grant amendment referred to in Paragraph 2 shall 
specify the applied provis ion(s) of Paragraph 1, Article 67 of the Act. 
Where a post-grant amendment is made to t he claim(s), if parts of the claims 
are deleted, the claim sequence of t he remaining claim(s) shall not be 
changed; where a post-grant amendment is made to the drawing(s), if parts of 
the drawing(s) are deleted, the drawing designation(s ) of remaining 
drawing(s) shall not be changed. 
When requesting for a post-grant amendment during invalidation 
proceedings, the patentee shal l specify the number of invalidation action in 
the request form.  
26 
 Rule 71 
Where an invalidation act ion is initiated after the patent has become 
extinguished ipso facto pursuant to Article 72 of  the Act, the document(s) 
evidencing recoverable legal interests as a result of  revocation of the patent 
right shall be submitted. 
Rule 72 Where an invalidation action is initiated,  for an invention or a utility model, 
the invalidation statement prescribed unde r Paragraph 1, Article 73 of the Act 
shall state the objective to revoke all or parts of the claims; where an 
invalidation action is initiat ed against parts of the c laims, the claim(s) against 
which the invalidation act ion is initiated shall be s pecifically identified; for a 
design, the invalidation statement shall stat e the objective to revoke the patent 
right of the design. 
The reasons of invalidation prescribed under Paragraph 1, Article 73 of the 
Act shall state the ground(s ) asserted by the invalidat ion action and specific 
facts, as well as explain the relationship between the respective specific facts 
and the evidence. 
Rule 73 
The invalidation proceedings and decis ions concerned shall be conducted 
within the scope of the invalidation statement. 
The syllabus of the invalidat ion decision shall sp ecify the examination results; 
for an invention or a utility model, such  results shall be rendered on a claim-
by-claim basis. 
Rule 74 When an invalidation action and a r equest for post-grant amendment are to 
be consolidated for examin ation pursuant to Paragraph 1, Article 77 of the 
Act, the post-grant amendment shall be first examined; if the post-grant 
amendment is rejected afte r examination, the Specific  Patent Agency shall 
notify the patentee to make a response within a specified time limit; in case of 
failure to respond within  the specified time limit or the post-grant 
amendment shall still be rejected despite the response, the Specific Patent 
Agency may proceed with the examin ation based on the materials available. 
When an invalidation action and a r equest for post-grant amendment are to 
be consolidated for examin ation pursuant to Paragraph 1, Article 77 of the 
Act, the syllabus of the in validation decision shall specify the examination 
results for the post-gr ant amendment and the inv alidation action separately. 
However, where the post-g rant amendment is rejec ted after examination, 
such rejection shall only be stated in the reasons of invalidation decision. 
Rule 75 
When more than one invalidation actions are to be consolidated for 
examination pursuant to Paragr aph 1, Article 78 of the Act, the Specific Patent  
27 
 Agency shall notify the r espective invalidation requeste rs and the patentee of 
the reasons and evidence on which the  respective invalidation actions rely. 
The invalidation requesters and t he patentee may each submit their 
comments or a response with respect to the reasons and evidence on which 
the respective invalidation ac tions rely within a ti me limit specified by the 
Specific Patent Agency. 
Rule 76 
During the examination of an invalidation action, the Specific Patent Agency 
may, when necessary, consult with the invalidation requester and the 
patentee to formulate an examination plan. 
Rule 77 
When requesting for a compulsory licens e, a request form specifying the 
reasons for the request thereof shall be submitte d and accompanied by a 
detailed project for exploitation and relevant document(s) of proof. 
When requesting for repeal of a compulso ry license, a reques t form specifying 
the ground(s) for the rep eal thereof shall be subm itted and accompanied by 
the document(s) of proof. 
Rule 78 
Where, pursuant to Paragraph 2, Arti cle 88 of the Act, the exploitation under 
compulsory licensing shall be authorized predominantly for the supply of the 
domestic market, the Specific Patent Ag ency shall, in t he decision approving 
compulsory licensing, specify that t he following items be disclosed by the 
licensee in an appropriate manner: 
1. information on the exploit ation of the compulsory license; and 
2. the quantity and flow of products manufactured. 
Rule 79 
Marking of a patent certificate number prescribed under Article 98 of the Act 
shall not be made after the patent is extinguished or its revocation becomes 
final and binding, unless a patent cert ificate number has been marked on the 
patented article and the patented artic le has been circulated into the market 
before the patent is extinguished or its revocation becomes final and binding. 
Rule 80 Where a patent certificate is  destroyed, lost or damaged to the extent that it is 
no longer usable, the patentee shall appl y for issuance of a replacement or a 
substitution, stating the reasons in writing. 
Rule 81 
When requesting for a post -grant amendment to the de scription or drawing(s) 
pursuant to Article 139 of  the Act, a request form shall be submitted and  
28 
 accompanied by a complete set of descr iption or drawing(s) after the post-
grant amendment without marks. 
The request form referred to in the preceding paragraph s hall specify the 
following items: 
1. where a post-grant amendment is made to the description, the page 
number(s), line number(s) thereof, t he contents amended and reasons for the 
post-grant amendment;  
2. where a post-grant amendment is mad e to the drawing(s), the title(s) 
thereof and reasons fo r the post-grant amendment. 
The contents amended shall specify t he contents before and after the post-
grant amendment; the original disclosure to be deleted shall be presented by a 
strike line cr ossing out the deleted text(s);  the added disclosure shall be 
presented by underlining the added text(s). 
The reasons for post-grant amendment referred to in Paragraph 2 shall 
specify the applied provis ion(s) of Paragraph 1, Article 139 of the Act. 
When requesting for a post-grant amendment during invalidation 
proceedings, the patentee shal l specify the number of invalidation action in 
the request form. 
Rule 82 
The Patent Registry shall s pecify the following information: 
1. title of invention, ut ility model or design; 
2. patent term; 
3. name, nationality, and domicile/residence or business establishment of the 
patentee; 
4. name and business establishment of the agent, if an agent is designated; 
5. filing date and application number; 
6. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member  receiving the respective 
first patent application(s), application number(s) and filing date(s) thereof; 
7. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective applic ation number(s) and filing date(s) thereof;  
8. publication date and pate nt certificate number; 
9. name of the assignee or successor, and the date of recordation of patent 
assignment or inheritance; 
10. name of the settlor or trustee, and the date of recordation of entrustment, 
deletion, or attribution of trust; 
11. name of the licensee and date of recordation of license;  
29 
 12. name of the pledgee and date of recordation of pledge  establishment, 
alteration, or deletion of pledge; 
13. name, nationality, and domicile/residenc e or business establishment of 
the compulsory licensee, and  the date of approval or repeal of a compulsory 
license; 
14. cause(s) and date of issuance of  replacement of patent certificate; 
15. extension or prolongation of patent term and the date of approval; 
16. cause(s) and date of the extinguish ment or revocation of a patent; for an 
invention or a utility model patent, where parts of the claims are deleted or 
revoked, the number(s) of such parts of claims shall be specified; 
17. name of the depository, date of depo sit, and depository number; and 
18. any other matters with respect to the patent or prescribed by laws. 
Rule 83 Whenever a patent is published  by the Specific Pat ent Agency, the following 
items shall be listed in the Patent Gazette: 
1. patent certificate number; 2. publication date; 
3. laying open number and laying open date for an i nvention patent; 
4. international patent clas sification or the inter national classification for 
industrial designs; 
5. filing date; 
6. application number; 
7. title of invention, ut ility model or design; 
8. name(s) of the inventor(s) of the invention, the creator (s) of the utility 
model or the designer(s) of the design; 
9. name and domicile/residence or busine ss establishment of the applicant; 
10. name of the agent, if an agent is designated; 11. claim(s) and drawing(s) of the invention patent or the utility model patent; 
drawing(s) of the design patent; 
12. brief description of drawing(s)  or description of design; 
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is 
claimed, the reciprocal country or the WTO member  receiving the respective 
first patent application(s), application number(s) and filing date(s) thereof; 
14. where the priority prescribed under Paragraph 1, Article 30 of the Act is 
claimed, the respective applic ation number(s) and filing date(s) thereof; and  
30 
 15. for an invention involving a bi ological material or utilization of a 
biological material, name of the depository, the deposit date and the deposit 
number; and 
16. the declaration that a patent applicat ion for invention in respect of the 
same creation is filed by the sa me person on the same date. 
Rule 84 Whenever a request for a post -grant amendment is appr oved by the Specific 
Patent Agency, the following items s hall be published in the Patent Gazette: 
1. patent certificate number; 
2. publication date of the patent; 3. application number; 
4. title of invention, ut ility model or design; 
5. name of the patentee; and 6.  amended contents. Rule 85 
Whenever an invalidation decis ion is rendered by the S pecific Patent Agency, 
the following items shall be publi shed in the Patent Gazette: 
1. number of invalidation action; 2. title of invention, ut ility model or design; 
3. name and domicile/residence or busine ss establishment of the patentee; 
4. name of the invalidation requester; 5. name of the agent, if an agent is designated; 
6. date of filing of t he invalidation action; 
7. syllabus of the decision; and 
8. reasons of the decision. Rule 86 Where the applicant has a need to postpone t he publication of a patent, he or 
she may apply to the S pecific Patent Agency for the postponement thereof at 
the time of paying the patent certificate fee and the first y ear patent annuity 
fee. The requested term of postponement sh all not exceed a period of three (3) 
months. 
Chapter 6 Supplementary Provisions 
Rule 87 
Where the Specific Pat ent Agency notifies the applicant to retrieve the 
model(s), sample(s) or documentary eviden ce submitted pursuant to the Act  
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 within a specified time limit but th e applicant fails to retrieve such items 
within the specified time limit, the Specific Patent Agency may dispose of 
these items at its discretion. 
Rule 88 For any application filed pu rsuant to the Act and these Enforcement Rules, 
the form, description, claim(s), abstract and drawing(s) ther eof shall conform 
to the designated writt en format after the imp lementation of this amended 
Act. 
Under any of the following circumst ances, the description, drawing(s), and 
description of drawing(s), other than t he request form, shal l conform to the 
designated written format prior to t he implementation of  this amended Act: 
1. a patent application for invention or  utility model filed within three (3) 
months after implementation of this amended Act; 
2. for an application filed in a foreign language prior to implementation of 
this amended Act, the description, claim(s ), drawing(s) or description of 
drawing(s) submitted wi thin six (6) months afte r implementation of this 
amended Act; or 
3. for an application filed prior to im plementation of this amended Act or 
pursuant to Subparagraph  1, when applying for an amendment or a post-
grant amendment after implementation of this amended Act, the amended 
description, claim(s), drawing(s)  or description of drawing(s). 
Rule 89 
For a patent application for  design filed pursuant to Pa ragraph 2, Article 121 
or Paragraph 2, Article 129 of the Act, if  the priority date thereof predates the 
implementation date of the amended Act, the implementation date of the 
amended Act shall be regarded as the priority date. 
Rule 90 
These Enforcement Rules s hall enter into force on  January 1, 2013.  
The amendment of these En forcement Rules shall enter  into force following 
its promulgation date.