IP/N/1/TPKM/P/5  
 
8 May 2014  
(14-2850)  Page: 1/47  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN , PENGHU , KINMEN AND MATSU 
The present document reproduces the text1 of the Patent Act, notified by the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu under Article 63.2 of the Agreement (see document IP/N/1/TPKM/6). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
T
ERRITOIRE DOUANIER DISTINCT DE TAIWAN , PENGHU , KINMEN ET MATSU 
Le présent document contient le texte1 de la Loi sur les brevets, qui a été notifié par le Territoire 
douanier distinct de Taiwan, Penghu, Kinmen et Matsu au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/TPKM/6). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
TERRITORIO ADUANERO DISTINTO DE TAIWÁN , PENGHU , KINMEN Y MATSU 
En el presente documento se reproduce el texto1 de la Ley de Patentes, notificado por el Territorio 
Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu de conformidad con lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/TPKM/6). 
                                               
 1 In English only. The text in the original language is available for consultation by interested Delegations 
at the WTO Secretariat./En anglais seulement. Les délégations intéressées peuvent consulter le texte, dans sa 
langue d'origine, au Secrétariat de l'OMC./En inglés so lamente. Las delegaciones in teresadas podrán consultar 
en la Secretaría de la OMC el texto en su idioma original.  IP/N/1/TPKM/P/5 
 
- 2 - 
 
   
Patent Act 
(as amended in 2014) 
 
 
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 Article 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  
 IP/N/1/TPKM/P/5 
 
- 3 - 
 
   
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  
 Article 8 Invention irrelevant to the performance of duties  
 
Article 9 Protection of em ployees' legitimate rights  
 
Article 10 Agreement on ownership  
 Article 11 Patent 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 examiners  
 
Article 17 Delay and reinstatement  
 
Article 18 Service by publication  
 
Article 19 E-filing  
 
Article 20 Calculation of time periods  
 
Chapter II Invention Patent  
  Section 1: Patentability  
 
Article 21 Definition of invention  
 
Article 22 Substantial conditions  
 
Article 23 Deemed as lack of novelty  
 
Article 24 Statutory exclusion  
  Section 2: Application  
 
Article 25 Filing date  IP/N/1/TPKM/P/5 
 
- 4 - 
 
   
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 applied for inve ntion 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 pate nt examiner for examination  
 
Article 37 Early publication of patent application  
 
Article 38 Request for substantive examination  
 Article 39 Request procedures 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  
 Article 46 Grounds for decision of rejection  
 
Article 47 Publication of patented invention and application for browsing  
 
Article 48 Reexamination  
 Article 49 Amendment during reexamination  
 
Article 50 Assignment of a pate nt 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  IP/N/1/TPKM/P/5 
 
- 5 - 
 
   
 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 pharmaceuticals  
  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-licensing  
  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 amendment of invention patent  
 
 Article 68 Examination of post-grant amendment  
  Article 69 Restriction on abando ning or amending patent right  
 
 Article 70 Extinguishment of patent right  
 
 Article 71 Grounds for invalidation  
  Article 72 Invalidation against 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 multiple 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  IP/N/1/TPKM/P/5 
 
- 6 - 
 
   
 Article 85 Patent Registry  
  Article 86 Publication by electronic means  
 
 Section 5 Compulsory Licensing  
 
Article 87 Grounds for compulsory licensing  
 
Article 88 Procedure and deci sion of compulsory licensing  
 
Article 89 Repeal of a compulsory license  
 
Article 90 Compulsory licensing of phar maceuticals: grounds and procedures  
 
Article 91 Compulsory licensing of phar maceuticals: export and remuneration  
 
 Section 6: Payment of Fees  
 
Article 92 Fees  
 
Article 93 Time period for payment of annuity  
 
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: formul ation of procedural regulations  
 
Article 98 Marking of patent certificate number  
 
Article 99 Presumption of manufacturing process used  
 
Article 100 Forwarding a certified copy of judgment  
 
Article 101 Acceleration of invalidation proceedings  
 
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
 IP/N/1/TPKM/P/5 
 
- 7 - 
 
   
Article 108 Conversion of application  
 
Article 109 Amending patent application  
 
Article 110 Foreign language documents  
 
Article 111 Decision of Formality Examination  
 
Article 112 Formality examination  
 
Article 113 Grant of patent; publication  
 
Article 114 Patent term  
 
Article 115 Request for technical evaluation report  
 
Article 116 Presentation of technical report  
 
Article 117 Liability of damages; immunity  
 
Article 118 Post-grant amendment 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 121 Definition of design  
 
Article 122 Substantial conditions  
 
Article 123 Design deemed as lack of novelty  
 
Article 124 Statutory exclusion  
 
Article 125 Filing date  
 
Article 126 Disclosure  
 
Article 127 Application and restrict ion of derivative design patent  
 
Article 128 First-to-file principle  
 
Article 129 Unity; design for a set of articles  
 
Article 130 Division of application  
 
Article 131 Conversion between design patent and derivative design patent  
 
Article 132 Conversion into design patent  
 
Article 133 Foreign language documents  
 
Article 134 Grounds for rejection decision  
 
Article 135 Patent term  
 
Article 136 Effects of design patent right  
 
Article 137 Claim of derivative design patent  IP/N/1/TPKM/P/5 
 
- 8 - 
 
   
Article 138 Disposal of derivative design patent  
 
Article 139 Post-grant amendment of design patent  
 
Article 140 Restriction on abandoning design patent right  
 
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 regulati ons governing awards for creations  
 
Article 145 Prescription 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: Priori ty claim based on earlier application; 
 division  
 
Article 151 Transitional provisio ns: grace period; design patent  
 
Article 152 Transitional provisions : deposit of biological material  
 
Article 153 Transitional provisions: Prio rity claim under WTO membership, etc.  
 
Article 154 Transitional provisions: request for patent term extension  
 
Article 155 Transitional provisions: no revival of extinguished patent right  
 
Article 156 Transitional provisions: pe nding patent application for design  
 
Article 157 Transitional provisions: pend ing patent application for associated 
 design  
 
Article 158 Prescription of Enforcement Rules  
 
Article 159 Date of implementation  
  IP/N/1/TPKM/P/5 
 
- 9 - 
 
   
Chapter 1 General Provisions 
 Article 1 Purpose 
 
This Patent Act is formulated to encourage, protect and utilize the creations of invention, utility model and design in order to promote industrial development. 
 
Article 2 Categories of patents  The term "patent" referred to in this Act is classified into the following three types: 
 
1. invention patent; 
 
2. utility model patent; and 
 
3. design patent. 
 
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 protection 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 authorities, or if the laws of said foreign country do not accept patent applications filed by ROC nationals. 
 
Article 5 Right to apply for patent  
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 a pply 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 inheritable. 
 
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 subjec t 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 performing 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 othe rwise, such agreement shall prevail.  
 The so-called "an invention, a utility model or a design made by an employee in the course of 
performing his/her duties" as set forth in the preceding paragraph shall mean the invention, utility IP/N/1/TPKM/P/5 
 
- 10 - 
 
  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 parties, or such rights shall be vested in the inventor, utility model 
creator or designer in the absence of such agreemen t. However, the fund provider shall be entitled 
to exploit such invention, utility model or design.  Where the ownership of the right to apply for a patent and the patent right are vested in the 
employer or the fund provider pursuant to Para graph 1 or the preceding paragraph, the inventor, 
utility model creator or designer concerned shall be entitled to a right to have his/her name 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 performing his/her duties, the right to apply for a patent and the patent right for such invention, utility model or design shall be vested in the empl oyee. However, if such invention, utility model or 
design is made through the utilization of the em ployer's resources or experiences, the employer 
may, after paying the employee a reasonable remune ration, 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 performing his/her duties, the em ployee 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 notice under the precedin g paragraph, the employer shall not claim that 
such invention, utility model or design was made by the said employee in the course of performing 
his/her duties. 
 Article 9 Protection of empl oyees' legitimate rights 
 
An agreement concluded between an employer and an  employee as stated in the preceding article, 
based on which the employee is precluded from enjo ying legitimate rights and interests in respect 
of his/her invention, utility model, or design, shall be void. 
 Article 10 Agreement on ownership  
Where an agreement has been reached by an empl oyer 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 document(s) of proof with the  Specific Patent 
Agency for change of 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 judgment rendered in accordance with other  laws and regulations. 
 
Article 11 Patent agency  An applicant may designate an agent to file patent applications and handle patent-related matters 
on his/her behalf. 
 An applicant who has no domicile or business establishment in the territory of the ROC shall 
designate an agent to file patent applications and handle patent-related matters on his/her behalf. 
 Eligible agents shall be limited to patent attorneys, unless otherwise provided for by laws and 
regulations. 
 The qualification and administration of patent attorneys shall be separately prescribed by laws.  IP/N/1/TPKM/P/5 
 
- 11 - 
 
  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 app lication, filing an application for division or 
conversion, 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 preceding two paragraphs, one 
of the joint owners shall be appointed as the reci pient 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 the right to apply for a patent is jointly ow ned 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 abandons 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 Specific Patent Agency for altering 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 confidentiality of  staff members and patent examiners 
 
While serving in the Specific Patent Agency, staff members or patent examiners 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 Spec ific Patent Agency are obligated to keep 
confidential any invention, utility model, or design, or the trade secrets of an applicant which have 
become known to or been possessed by them in the course of performing their duties; whoever 
violates such obligation shall bear relevant legal responsibilities.  The qualification of patent examiners shall be prescribed separately by laws. 
 
Article 16 Avoiding conflict of interests by patent examiners 
 
Patent examiners shall exclude themselves 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 agent, a partner of the said patent agent or a 
person having employment relationship with the patent agent;   IP/N/1/TPKM/P/5 
 
- 12 - 
 
  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 within 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-obligee(s), co-obligor(s), or debt-paying co-obligor(s); 
 
4. where, for a concerned patent 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 taken and adopt an alternative measure instead. 
 
Article 17 Delay and reinstatement  
Unless otherwise provided in this Act, where a person filing a patent application or taking other 
proceedings 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 Agency, such application or proceeding shall still be accepted.   
If the delay of a statutory time period is caused by natural calamity 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 Agency 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 time limits as set forth in 
Paragraph 4 of Article 29, Paragraph 4 of Article 52, Paragraph 2 of Article 70, Paragraph 4 of 
Article 29 applicable mutatis mutandis  under Article 120, Paragraph 4 of Article 52 applicable 
mutatis mutandis  under Article 120; Paragraph 2 of Article 70 applicable mutatis mutandis  under 
Article 120; Paragraph 4 of Article 29 applicable mutatis mutandis  under Paragraph 1 of 
Article 142; Paragraph 4 of Article 52 applicable mutatis mutandis  under Paragraph 1 of 
Article 142, and Paragraph 2 of Article 70 applicable mutatis mutandis  under Paragraph 1 of 
Article 142. 
 Article 18 Service by publication  
Where an examination decision or any other document(s) cannot be served, such decision or 
document(s) shall be published in the Patent Gaze tte and shall be deemed to have been served 
thirty (30) days after publication. 
 
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.  IP/N/1/TPKM/P/5 
 
- 13 - 
 
  Article 20 Calculation of time periods 
 The duration of relevant time periods as specified in this Act shall not include the beginning date thereof.  
 
The duration of the patent right as specified resp ectively in Paragraph 3 of Article 52, Article 114 
and Article 135 of this Act shall start to run fr om 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 industrially 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 easily made by a person ordinarily skilled in the art based on prior art shall 
not be patented. 
 Any of the following events shall not be deemed as one of the circumstances prescribed in the 
subparagraphs of Paragraph 1 or the preceding paragraph, which may preclude the grant of an 
invention patent, provided that the concerned patent application is filed within six (6) months after the date of the event's occurrence: 
 
1. the invention concerned was publicly disclosed as a result of conducting a test; 
 
2. the invention was disclosed in a printed publication;  
 
3. the invention was displayed at an exhibition held or recognized by the Government; or 
 
4. the invention was disclosed without the consent of the applicant. 
 An applicant claiming exemption as set forth in Subparagraph 1 through Subparagraph 3 of the 
preceding paragraph shall state the fact and the relevant date in the patent application at the time 
of filing and provide document(s) of proof within the time period specified by the Specific Patent 
Agency.  
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.  IP/N/1/TPKM/P/5 
 
- 14 - 
 
  Article 24 Statutory exclusion 
 An invention patent shall not be granted in respect of any of the following:  
1. animals, plants, and essential biological proc esses for the production of animals or plants, 
except for processes for producing microorganisms;  
2. diagnostic, therapeutic and surgical method s 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). 
 The filing date of a patent application for invention shall be the date on which the application form, description, claim(s), and the necessary drawing(s) are provided in full. 
 
Where an applicant does not provide a descripti on, 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 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 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 ordinarily 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 summary of the disclosed invention; it shall not be taken into 
account for the purpose of determining the sufficien cy of the disclosure and the patentability of the 
claimed invention. 
 
The manners 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 later than the filing date, make a deposit of the 
biological material with a domestic depository designated by the Specific Patent Agency. No deposit 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 depository, date of deposit and 
deposit number. If such document is not submitte d within the specified time period, the deposit 
shall be deemed not to have been made.  IP/N/1/TPKM/P/5 
 
- 15 - 
 
  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 deposito ry recognized by the Specific Patent Agency, 
and where the certificate of deposit issued by th e designated domestic depository and the foreign 
depository has been provided within the time period prescribed in Paragraph 2 or the preceding 
paragraph, the applicant is exempted from the re quirement of making a deposit no later than the 
filing date, as set forth in Paragraph 1.  If an applicant has deposited the biological mate rial in a depository designated by a foreign 
country in its territory with which the ROC recogniz es the effects of deposits based on reciprocity, 
and if the applicant has submitted the certificate(s) of deposit issued by the said foreign depository 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 regulati ons on the requirements for accession, types, 
forms, quantities of deposits of biological mate rials, deposit fees, and other matters in connection 
with making deposits set forth in Paragraph 1.  Article 28 Priority claim und er 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 member of the World Trade Organization 
(WTO), the applicant may claim priority in respect of an ROC patent application for the 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 claims 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 
mutually recognize 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 patentability shall be based on the 
priority date. 
 Article 29 Claim of priority  
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 violation of Subparagraph 1 or Su bparagraph 2 of Paragraph 1 or the preceding 
paragraph, the priority claim shall be deemed not to have been made.  
Where an applicant unintentionally fails to claim priority claim at the 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 fees and und ertake actions set forth in Paragraphs 1 and 2. 
 IP/N/1/TPKM/P/5 
 
- 16 - 
 
  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 description, 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 application;  
2. where priority has been claimed in accordan ce 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 Ar ticle 107, or a converted patent application 
prescribed under Paragraph 1 of Article 108;  
4. where the earlier patent application is a patent application for invention that has been 
published or has been rejected finally and bindingly;  
5. where the earlier patent application is a patent application for utility model that has been 
published or has been rejected finally and bindingly; or 
 
6. where the 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 claimed shall not be withdrawn upon an expi ry of fifteen (15) months after the filing date 
of the earlier patent application.   
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 earliest priority date. 
 For a patent application filed with priority, examination on its patentability 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 earliest application can be granted. The above shall not appl y 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 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 applic ations 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 selection within the time period shall 
result in the rejection of all such patent applications. 
 While the applicants concerned are in the process of reaching an agreement, the Specific Patent Agency shall require that these applicants repo rt the results of the negotiation within an IP/N/1/TPKM/P/5 
 
- 17 - 
 
  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 utility model are filed 
separately in respect of the same creation, the provisions set forth in the preceding three 
paragraphs shall apply mutatis mutandis , except for the circumstances stipulated in Article 32. 
 
Article 32 One creation applied for inve ntion patent and utility model patent 
 An applicant filing a patent application for invention and a patent application for utility model for 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 Specific 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 application 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 patent application for invention shall relate to one invention. 
 Two or more inventions 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 tw o or more inventions may, upon notice by the 
Specific Patent Agency or upon request by the ap plicant, be divided into two or more divisional 
applications. 
 
A request for division shall be filed with in any of the following time periods:  
 
1. before a reexamination decision 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, the applicant may claim priority for 
the divisional patent application. 
 The divisional 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. 
 
For the divisional patent application filed in a ccordance with Subparagraph 1 of Paragraph 2, the 
examination thereof shall resume the completed examination procedure of the original patent 
application.  
 For the divisional patent application filed in a ccordance with Subparagraph 2 of Paragraph 2, the 
examination thereof that has been conducted before the original patent application is approved 
shall be resumed; the original patent applicatio n shall be published based on the claim(s) and 
drawing(s) as originally approved.  IP/N/1/TPKM/P/5 
 
- 18 - 
 
  Article 35 Invalidation action filed by the owner of the right to apply for a patent 
 Where an invalidation action is filed against a gran ted 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 
publication date of the patent concerned in accordance with Subparagraph 3, Paragraph 1 of 
Article 71, 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 binding, the filing date of the revoked patent shall be the filing date 
for the newly filed patent application.  A patent application newly filed in accordance with the preceding paragraph shall not be published 
again. 
 Section 3: Examination and Reexamination 
 
Article 36 Assignment of a pate nt 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 receiving 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 application 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 involves national defense secrets or any other secrets pertaining to national 
security; or  
3. where it is contrary to public order or morality. 
 Where a priority is claimed, the 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 earliest 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. 
 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 108, 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. 
 IP/N/1/TPKM/P/5 
 
- 19 - 
 
  Article 39 Request procedures for substantive examination 
 A request form for substantive examination referred to in the preceding Article shall be submitted. 
 
The Specific Patent Agency shall publish the facts regarding a request for substantive examination 
in the Patent Gazette.  
Where the substantive examination is requested by a person other than the invention patent 
applicant, the Specific Patent Agency 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 request 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 public ation of an invention patent application, claim 
appropriate compensation against the exploiter wh o, 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, 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 Act 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 Agency 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 Pa tent 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 paragraph.  
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 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. IP/N/1/TPKM/P/5 
 
- 20 - 
 
   
Where the Specific Patent Agency has issued 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 issued 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 violation 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 the content of the notice issued for the original patent application is same as that 
of the notice issued for the divisional patent application;  
 
2. where the content of the notice issued for the divisional patent application is same as that 
of the notice issued for the original patent application; or 
 
3. where the content of the notice issued for a divisional application is 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 foreign 
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 foreign 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 Decision 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 
term extension and invalidation against patent term extension.   
Article 46 Grounds 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, Paragraph 4 of IP/N/1/TPKM/P/5 
 
- 21 - 
 
  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 rendering a decision in accordance with the preceding paragraph, the Specific Patent 
Agency shall notify the applicant to file a response within a specified time period. If the applicant 
fails to make a response within the time period, a decision of rejection shall be rendered accordingly. 
 
Article 47 Publication of patented invention and application 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, photographing, 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 Amendment 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 decision of rejection is rendered for a patent 
application, any amendment made during the r eexamination stage shall still be subject to 
limitations set forth in each subparagraph of Para graph 4 of Article 43. The above shall not apply 
to reexamination, if the Specific 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:  
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 subparagraphs of Paragraph 4 of Article 43. 
 
Article 50 Assignment of a pate nt 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 conduct 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; if  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.  IP/N/1/TPKM/P/5 
 
- 22 - 
 
   
The applicant, patent agent and the inventor shall keep confidential 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 violatio n of the confidentiality requirement. 
 
The confidentiality 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 authorities 
one (1) month prior to the expiration of the confidentiality period and, if confidentiality is no longer required, such patent application shall be laid open.  
Where an invention referred to in Paragraph 1 is  approved and where confidentiality is deemed 
unnecessary for such patent application, the Specif ic 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 f ees 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 confidentiality 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 invention shall start from the publication date of the patent, and a patent certificate shall be issued thereto. 
 
The term of an invention patent shall expire after a period of twenty (20) ye ars 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 annuity within six (6) months after the period has expired. 
After the said payment has been made, the Specific Patent Agency shall publish the patent.  Article 53 Extension 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 agrichemical, or the 
manufacturing process thereof, if such 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 said 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 exploited because of the filing of a request for the 
regulatory approval with the central competent auth orities 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 requesting for patent term extension as pr ovided in the Paragraph 1, a request form and 
document(s) of proof must be submitted to the Sp ecific 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. 
 IP/N/1/TPKM/P/5 
 
- 23 - 
 
  When making a decision on an application for patent term extension, the Specific Patent Agency 
shall take into consideration the impact on public health and shall coordinate with the central competent authorities in charge of the business to formulate the regulations concerned.  
Article 54 Deemed 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 patent 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 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 th e granted patent term extension to the Specific 
Patent Agency, together with document(s) of pr oof, 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 exceed s the period during which the patent cannot 
be exploited;  
4. where the requester of the patent term extension is not the patentee; 
 
5. where the regulatory approval of extension request is not the first approval, or a request 
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 the pharmaceuticals involved in the granted patent term extension are veterinary 
drugs. 
 If an invalidation decision revo king the patent term extension has become final and binding, the 
granted patent term extension shall be deemed non-existent ab initio . However, if such final and 
binding invalidation decision of revocation is rendered due to violation of Subparagraph 3 or 
Subparagraph 6 of the preceding paragraph, only the exceeding period of the extension 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.  IP/N/1/TPKM/P/5 
 
- 24 - 
 
  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 inve ntion 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 Limitations of patent right 
 
The effects of an invention patent right shal l not extend 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 six (6) months and the patent applicant has made a statement reserving 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 
revoked as a result of an invalidation action fi led 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. where, after the sale of a patented produc t 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 Paragr aph 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 Limitations of patent right: research and trials of pharmaceuticals 
 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 pharmaceuticals from a foreign country.  
Article 61 Limitations of patent ri ght: dispensation of medicines 
 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 fr om a physician, or the medicines so prepared. IP/N/1/TPKM/P/5 
 
- 25 - 
 
   
Article 62 Recordation to have locus standi  against a third party: transference of patent 
right  
The assigning, entrusting, licensing, or establishi ng 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-licensing  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-licensing contract shall have no locus standi  against any third party unless it is recorded 
with the Specific Patent Agency. 
 Article 64 Disposal of jointly-owned patent right  
Where a patent right is jointly owned, except for ex ploitation by each of the joint owners, it shall 
not be assigned, entrusted, licensed, pledged, or  abandoned without the consent of all the joint 
owner(s). 
 
Article 65 Disposal 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 abandone d his/her own share, this share shall be vested 
in other joint owner(s). 
 Article 66 Prolongation of patent term  
 
Where an invention patentee 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 re quest therefor shall not be allowed. 
 Article 67 Post-grant amendm ent of invention patent 
 
The patentee filing a request for amending the de scription, 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 errors; and 
 
4. to clarify ambiguous statement(s). IP/N/1/TPKM/P/5 
 
- 26 - 
 
   
Except for correction of translation errors, 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 errors shall not extend beyond the scope of content disclosed in the original foreign language documents 
as filed. 
 A post-grant amendment shall not substantially enlarge or alter the scope of the claim(s) as published. 
 
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 retroactively from the filing date.  
Article 69 Restriction on abandoni ng or amending 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 70 Extinguishment of patent right 
 An invention patent right shall become extinguish ed 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. where the annuity of the second or any subsequent years is not paid within the payment 
time period, the patent right shall become extingui shed retrospectively after the expiration of the 
original due date; or 
 
4. where the patentee abandoned the patent, the patent 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 Article 94 ma y apply for reinstatement of the patent rights 
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 71 Grounds for invalidation 
 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 
Article 32, Paragraph 4 of Article 34, Paragraph 2 of Article 43, Paragraphs 2 and 3 of Article 44, 
Paragraphs 2 to 4 of Article 67, or Paragraph 3 of Article 108 of this Act; IP/N/1/TPKM/P/5 
 
- 27 - 
 
   
2. where the home country of the patentee does not accept the patent applications filed 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 an 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 inva lidation 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, Paragraphs 2 and 4 of Article 67, or Paragraph 3 of 
Article 108, the provisions in effect at the time of filing the said action shall govern. 
 Article 72 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 . 
 
Article 73 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 claims.  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; ho wever, the reasons or evidence provided prior to 
rendering a decision shall still be examined. 
 Article 74 Invalidation proceedings 
 
Upon receipt of a request form for invalidation action stated in the preceding article, the Specific Patent Agency shall send a copy thereof 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 prov ide 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 to delay the proceedings or if the 
facts and evidence provided are sufficiently clear.  Article 75 Principle of ex officio  
 
When conducting invalidation proceedings, the Specific Patent Agency may, by ex officio,  examine 
the reason(s) and evidence not provided by the re quester of invalidation action but within the 
scope of the invalidation statement, and notify the patentee to respond within a specified time 
period. The invalidation proceedings shall be conducted accordingly if the patentee fails to respond within the time period. 
 
Article 76 Interview and inspecti on 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 foll owing actions within a specified time period: IP/N/1/TPKM/P/5 
 
- 28 - 
 
   
1. to appear at the Specific Pa tent 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 77 Consolidated proceedings 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 requests for post-g rant amendment filed during the proceedings of 
same invalidation action, the earlier-filed request( s) for post-grant amendment shall be deemed to 
have been withdrawn.  
Article 78 Consolidated proceedings of multiple invalidation actions 
 Where there are multiple invalidation actions filed against the same patent, the Specific Patent 
Agency, when necessary, 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 examiner for invalidation  
When conducting invalidation proceedings, the Specific Patent Agency shall assign a patent 
examiner to render a decision and serve it to th e patentee and the requester of invalidation action. 
 
Decision on an invalidation action shall be rendered on a claim-by-claim basis. 
 Article 80 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 su bmitted a response, such withdrawal shall be 
consented by the patentee. 
 
The Specific Patent Agency shall notify the patentee of the withdrawal of an invalidation action. If the patentee raises no objection within ten (10) da ys after the notice has been served, it shall be 
deemed that the patentee has consented to such withdrawal. 
 Article 81 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 another invalidation action has been filed based on the same facts and evidence 
and considered groundless by a decision; or   
2. where new evidence is provided to the Inte llectual Property Court pursuant to Article 33 
of the Intellectual Property Case Adjudication Act and considered groundless by a judgment.  
Article 82 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. 
 IP/N/1/TPKM/P/5 
 
- 29 - 
 
  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 
 
2. where administrative remedy proceedings ar e 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 83 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 57, the provisions in this Act with respect to invalidation actions 
against invention patents shall apply mutatis mutandis . 
 
Article 84 Publication in the Patent Gazette 
 An invention patent with respect to grant, chan ge, extension, prolongation, assignment, trust, 
licensing, compulsory licensing, revocation, extinguishment, pledge establishment , invalidation 
decisions, as well as other matters that should be published shall be published in the Patent 
Gazette.  
Article 85 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 electronically and shall be made available to the public for browsing, transcribing, photographing, or photocopying. 
 
Article 86 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 electronically; the date fo r such implementation shall be decided by the 
Specific Patent Agency. 
 
Section 5 Compulsory Licensing  Article 87 Grounds for compulsory licensing 
 
In response to national emergency or other circum stances of extreme urgency, the Specific Patent 
Agency shall, in accordance with an emergency order or upon notice from the central government 
authorities in charge of the business, grant comp ulsory 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 
of 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 infringing 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. where 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. 
 IP/N/1/TPKM/P/5 
 
- 30 - 
 
  Request for compulsory licensing of a patent involving semiconductor technology shall be filed 
based on the grounds set forth in Subparagraph 1 or 3 of the preceding paragraph.  Request for compulsory licensing 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 request for compulsory licensing of a patent is made pursuant to Subparagraph 2 of Paragraph 2, the owner of the prior patent may propose reasonable terms and conditions and seek grant of compulsory licensing of the later patent owned by the requestor. 
 
Article 88 Procedure and decisi on of compulsory licensing 
 
After receiving a request for compulsory licensing 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 specified 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 licensing request.  
 Exploitation of a compulsory license shall be pr edominantly for the supply of domestic 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, duration, and the required remuneration. 
 Granting of compulsory licensing 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 pledged 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 involving 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 licensee.  Article 89 Repeal of a compulsory license 
 
Where a compulsory license granted pursuant to Pa ragraph 1 of Article 87 is considered no longer 
necessary by the central government authorities in  charge of the business, the Specific Patent 
Agency shall repeal 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 changed 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 90 Compulsory licensing of phar maceuticals: 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, IP/N/1/TPKM/P/5 
 
- 31 - 
 
  tuberculosis, malaria and other epidemics, the Spec ific 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 within 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 memb er, the requestor shall, when filing a request 
pursuant to Paragraph 1, provide document(s) prov ing that the importing country has fulfilled the 
following:  
1. the Council for Trade-related Aspects of Intell ectual Property Rights has been notified of 
the name(s) and expected quantities of the pharmaceutical product(s) needed;  
2. the Council for Trade-related Aspects of Intell ectual Property Rights has been notified of 
its intention as an importer and has established that it has insufficient or no manufacturing capacities in the pharmaceutical 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 affairs authorities of the ROC; and  
2. stating that it agrees to prevent re-exportation of the pharmaceutical product(s) needed. 
 Article 91 Compulsory licensing of pharma ceuticals: export and remuneration 
 
Pharmaceutical product(s) produced under compulsory licensing 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 for Trade-related Aspects of Intellectual Property Rights or the foreign affairs 
authorities of the ROC.  
Pharmaceutical product(s) produced under compulsory licensing granted pursuant to the preceding 
Article and the external packaging thereof shall be marked with the licensing basis specified by the 
Specific Patent Agency; the packaging, coloring or shaping of the pharmaceutical product(s) produced under compulsory licensing 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 website the quantities, name(s) and destination(s) of such pharmaceutical product(s), as well as distinctive features thereof. 
 IP/N/1/TPKM/P/5 
 
- 32 - 
 
  Inspection and registration of the pharmaceutical product(s) produced and exported under 
compulsory licensing pursuant to the preceding Article shall not be bound by Paragraph 2, Article 40ter of the Pharmaceutical Affairs Act.  
Section 6: Payment of Fees 
 Article 92 Fees 
 
With respect to each request for patent-related matters, the requestor shall pay fees at the time of filing.  
For a granted 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 patent term. 
 
Article 93 Time period for payment of annuity  
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 second-year annu ity and the annuities thereafter shall be made 
before the period thereof expires. 
 
The annuity for several years may be paid at one time. Under such circumstance, if the annuity rate is adjusted upward, the patentee concerne d will not be required to pay the deficit. 
 
Article 94 Addition of annuity  
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 annuity 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 addi tional 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 95 Reduction of annuity 
 Where the patentee of an invention patent is a natural person, school or small and medium enterprise, the patentee may request for a reduction of patent annuity with the Specific Patent 
Agency. 
 Section 7 Damages and Litigation Action 
 
Article 96 Right to claim in the 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.  In case an infringement of invention patent occurs due to intentional act or negligence, 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 request 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.  IP/N/1/TPKM/P/5 
 
- 33 - 
 
  Where the inventor'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 become 
extinguished if not exercised within two (2) ye ars after the patentee has become aware of the 
damage and the person liable for damages. This righ t shall also become extinguished if it is not 
exercised within ten (10) years after the time of infringement. 
 
Article 97 Calculation of damages  The damages claimed pursuant to the preceding arti cle 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 prove the damages suffered, a patentee may claim damages based on the difference 
between the profit earned through patent exploita tion after infringement and the profit normally 
expected through exploitation of the same patent; 
 
2. the profit earned by the infringer 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 th e basis of the severity of the infringement, 
award the damages greater than the loss suffered bu t not exceeding three (3) times of the proven 
loss. 
 
Article 97-1 Border measures: detention re quest, 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 
preliminary showing of the facts of infringement an d 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. Having 
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 deeming 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 dete ntion requester, within twelve (12) days 
following the date of Customs' acceptance of th e request, that a litigation claiming that the 
detained articles infringe the patent right(s) has been initiated in accordance with Article 96;  IP/N/1/TPKM/P/5 
 
- 34 - 
 
   
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 binding 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 preceding 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 procedures 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, warehousing, 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 sh all be liable 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 as prescribed in 
Paragraph 4 of Article 97-1; the owner of the detain ed 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, warehousing, loading, and unloading as 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, Paragr aph 1 of the preceding article, or where a final 
and binding court judgment has been rendered in fa vor of the owner of the detained articles, the 
detention requester proves that the owner of the de tained articles has been notified to exercise 
the right within 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 articl es has agreed upon such return. 
 
In case of any of the following, Customs shall,  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 of 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 articles prov es that the detention requester has been notified IP/N/1/TPKM/P/5 
 
- 35 - 
 
  to exercise the right within a specified time peri od 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 agreed upon such return. 
 
Article 97-4 Border measures: formul ation 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 number  
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 ma nufacturing process used 
 
Where an article produced following a manufacturing process is still unknown within and outside of this country before the filing of a patent applicat ion for the manufacturing process, another article 
identical thereto made by another person shall be  presumed to have been produced following the 
said manufacturing process.   
The presumption made under the preceding paragr aph 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 sh all 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 Forwarding 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. 
 
Article 101 Acceleration of invalidation proceedings  Where an invalidation 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 person 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 litigation cases. 
 The Judicial Yuan may designate specialized institution(s) to conduct patent infringement 
assessment. 
 A court of law in processing a litigation pert aining to an invention patent may request the 
specialized institution(s) designated according to the preceding paragraph to conduct patent 
infringement assessment.   IP/N/1/TPKM/P/5 
 
- 36 - 
 
  Chapter III Utility Model Patent 
 Article 104 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 105 Statutory exclusion 
 A utility model patent shall not be granted if it is contrary to public order or morality.  
Article 106 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 requ est form, a description, claim(s), an abstract, and 
drawing(s).  
The filing date of a patent application for utility model shall be the date 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 th e Chinese translation for the said documents is 
provided within the time period specified by the Sp ecific 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 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 of 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 108 Conversion of application  
 
Where a patent application originally filed for invention or design is converted into a patent application for utility model, 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 original patent 
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.  IP/N/1/TPKM/P/5 
 
- 37 - 
 
  Article 109 Amending 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 description, claim(s) 
or drawings within a specified time period. 
 Article 110 Foreign language documents 
 
The description, claim(s), and drawing(s) of an application for utility model that are provided in a foreign language pursuant to Paragraph 3 of Article 106 shall not be amended.  
The Chinese translation provided pursuant to Pa ragraph 3 of Article 106 shall not extend beyond 
the scope of content disclosed in the original foreign language documents as filed.  
Article 111 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 112 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 article or 
combination of articles;  
2. where there is a violation of Article 105; 
 
3. where there is a violation of Pa ragraph 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 term  The term of a utility model patent shall expire af ter a period of ten (10) years starting from the 
filing date. 
 Article 115 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.  IP/N/1/TPKM/P/5 
 
- 38 - 
 
  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 Paragr aph 1, the Specific Patent Agency shall issue the 
technical evaluation report of utility model patent with respect to matters set forth in 
Subparagraph 1, Paragraph 1, Paragraph 2 of Article 22, applicable mutatis mutandis under 
Article 120, Article 23, applicable mutatis mutandis under Article 120, and Article 31, applicable 
mutatis mutandis under Article 120.  
 In regard of a request for the technical evaluation report of utility model patent made pursuant to 
Paragraph 1, if stated therein 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 116 Presentation of technical report  
When exercising a utility model patent, the patentee shall not make a warning without presenting 
the technical evaluation report of utility model patent.  
Article 117 Liability 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 ba sed on the content of the technical evaluation 
report of utility model patent and carried out with due care.  
Article 118 Post-grant amendmen t of utility model patent 
 With respect to examining a request for post-grant amendment, except for the situation set forth 
in Paragraph 1 of Article 77, applicable mutatis mutandis  under Article 120, the Specific Patent 
Agency shall conduct formality examination of the post-grant amendment, render a written decision and serve it on the patentee. 
 
A decision rejecting the post-grant amendment shall be rendered after 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 extends 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 120, Article 23 
applicable mutatis mutandis  under Article 120, Article 26 applicable mutatis mutandis  under 
Article 120, Article 31 applicable mutatis mutandis  under Article 120, Paragraph 4 of Article 34 
applicable mutatis mutandis  under Article 120, Paragraph 2  of Article 43 applicable mutatis 
mutandis  under Article 120, Paragraph 3 of Article 44 applicable mutatis mutandis  under 
Article 120, Paragraphs 2 to 4 of Article 67 applicable mutatis mutandis  under Article 120 of this 
Act;   
2. where the home country of the patentee does not accept patent applications filed by ROC 
nationals; or  IP/N/1/TPKM/P/5 
 
- 39 - 
 
   
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 request 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 120, Paragraph 2 of Article 43 
applicable mutatis mutandis  under Article 120, or Paragraph 2 and paragraph 4 of Article 67 
applicable mutatis mutandis  under Article 120, 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 120 Provisions applied mutatis mutandis  to utility model patent 
 Article 22, Article 23, Article 26, Articles 28 to 31, Article 33, Paragraphs 3 and 4 of Article 34, Article 35, Paragraphs 2 and 3 of Article 43, Paragraph 3 of Article 44, Paragraph 2 of Article 46, 
Paragraph 2 of Article 47, Article 51, Paragraphs 1,  2 and 4 of Article 52, Paragraphs 1, 2, 4 and 5 
of Article 58, Article 59, Articles 62 to 65, Article 67, Paragraphs 2 and 3 of Article 68, Article 69, Article 70, 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 121 Definition of design  "Design" means the creation made in respect of the shape, pattern, color, or any combination 
thereof, of an article as a whol e 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 patent application;  
2. an identical or similar design was publicly  exploited prior to the filing of the patent 
application; or  
3. the design was known to the public prior to the filing of the patent application. 
 A design that is without the circumstances prescribed in the preceding paragraph but can be easily conceived by a person ordinarily skilled in th e art based on prior art shall not be patented. 
 
Any of the following events shall not be deemed  as one of the circumstances prescribed in 
Paragraph 1 or the preceding paragraph, which may preclude the grant of a design patent, 
provided that the concerned patent application for design is filed within six (6) months after the 
date of the event's occurrence:  
1. the design was disclosed in a printed publication;  
 
2. the design was displayed at an exhibition held or recognized by the government; or 
 
3. the design was disclosed without the consent of the applicant. IP/N/1/TPKM/P/5 
 
- 40 - 
 
   
An applicant claiming the occurrence of the events as set forth in Subparagraphs 1 and 2 of the preceding paragraph shall state the fact and the relevant date in the patent application at the time of filing and provide document(s) of proof within the time period specified by the Specific Patent 
Agency. 
 Article 123 Design deemed as lack of novelty 
 
Where a design claimed in a patent application fo r design is identical or similar to a design 
disclosed in the description or drawing(s) of an earlier-filed patent application for design which is published after the filing of the later-filed patent application for design, the design patent shall not 
be granted; however, this shall not apply where th e applicant of the later-filed patent application 
for design is also the applicant of the earlier-filed patent application for design.  
Article 124 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 circuits and electronic circuits; or 
 
4. an article contrary to public order or morality. 
 Article 125 Filing date 
 
A patent application for design shall be filed with the Specific Patent 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 an d 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 126 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 manners of disclosure for description and draw ing(s) shall be prescribed in the Enforcement 
Rules of the Patent Act. 
 Article 127 Application and restrictio n 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 date of the original patent application for design.  IP/N/1/TPKM/P/5 
 
- 41 - 
 
  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 application for derivative design patent if the design therein is 
only similar to another derivative design patent but not to the original design patent. 
 Article 128 First-to-file principle 
 
Where two or more patent applications are filed for the same or similar design(s), only the earlier-filed 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. 
 
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 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 selection within the time period shall 
result in the rejection of all such patent applications. 
 While the applicants concerned are in the process of reaching an agreement, the Specific Patent Agency shall require that these applicants repo rt 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 129 Unity; design for a set of articles 
 
An application for a design patent shall relate to one design.  
Two or more articles belonging to the same class and are customarily sold or used together may 
be filed as one design.  
A patent application for design shall indicate the article to which the design is applied. 
 Article 130 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 request by the applicant, be divided 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 divisional patent application shall resume the completed procedure of the original patent application.  
Article 131 Conversion between design pa tent and derivative design patent 
 Where a patent application for design is converted in to 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 the following circumstances:  
1. after a written decision allowing the original application is served; or 
 IP/N/1/TPKM/P/5 
 
- 42 - 
 
  2. two (2) months from after the date 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 132 Conversion into design patent 
 
Where an application originally filed for invention or utility model 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 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 original patent 
application for invention 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, claims, or drawings of the original patent application as filed. 
 
Article 133 Foreign language documents  
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 Pa ragraph 3 of Article 125 shall not extend beyond 
the scope of content disclosed in the original foreign language documents as filed. 
 Article 134 Grounds for rejection decision 
 
When a patent application for design is in violation of any of the provisions set forth in Articles 121 to 124, Article 126, Article 127, Paragraphs 1 to 3 of Article 128, Paragraphs 1 and 2 of 
Article 129, Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraph 2 of Article 133, 
Paragraph 4 of Article 34 applicable mutatis mutandis  under Paragraph 1 of Article 142, 
Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1 of Article 142, and 
Paragraph 3 of Article 44 applicable mutatis mutandis under Paragraph 1 of Article 142 of this Act, 
a decision of rejection shall be rendered. 
 Article 135 Patent term 
 
The term of a design patent shall expire after a peri od of twelve (12) years from the filing date of 
the application. A derivative design patent shall expire simultaneously with the original design 
patent. 
 Article 136 Effects of design patent right  
Unless otherwise provided in this Act, the patentee of a design patent has the exclusive right to 
prevent others 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 by the drawing(s), 
and the description may be considered as a reference.  
Article 137 Claim of deri vative design patent 
 The right of a derivative design patent may be claimed independently, and its effect shall be extended to the scope of similarity. 
 IP/N/1/TPKM/P/5 
 
- 43 - 
 
  Article 138 Disposal of deri vative 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 becomes extinguished or is revoked finally and bindingly pursuant to Subparagraph 3 or 4, Paragraph 1 of Article 70 applicable mutatis mutandis  under 
Paragraph 1 of Article 142, the two or more derivati ve design patents that are still in force shall 
not be separately assigned, entrusted, inherited, licensed, or pledged.  Article 139 Post-grant amendment of design patent  
 
The patentee filing a request for amending the de scription or drawing(s) of a granted design 
patent shall only conduct the following s: 
 
1. to correct errors or translation errors; 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 application for design filed by prov iding the description and drawing(s) in a foreign 
language pursuant to Paragraph 3 of Article 125, correction of translation errors shall not extend 
beyond the scope of content disclosed in the or iginal foreign language documents as filed. 
 A post-grant amendment shall not substantially enlarge or alter the scope of drawing(s) as 
published. 
 Article 140 Restriction on abandoning design patent right  
A design patentee shall not abandon his/her design patent right without consent from the 
licensee(s) or pledgee(s).  
Article 141 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 126, Article 127, Paragraphs 1 to 3 of Article 128, Paragraph 3 of Article 131, Paragraph 3 
of Article 132, Paragraph 2 of Article 133, Para graphs 2 to 4 of Article 139, Paragraph 4 of 
Article 34 applicable mutatis mutandis  under Paragraph 1 of Article 142, Paragraph 2  of Article 43 
applicable mutatis mutandis under Paragraph 1 of Article 142 and Paragraph 3 of Article 44 
applicable mutatis mutandis under Paragraph 1 of Article 142; 
 
2. where the 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 invalidation action based on Subparagraph 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 approved  shall govern. However, if an invalidation action 
is filed based on the ground(s) under Paragraph 3 of Article 131, Paragraph 3 of Article 132, 
Paragraphs 2 and 4 of Article 139, Paragraph 4 of Article 34 applicable mutatis mutandis under 
Paragraph 1, Article 142, or Paragraph 2 of Article 43 applicable mutatis mutandis under 
Paragraph 1, Article 142 of this Act, such invalidati on action shall be governed by the provisions in 
effect at the time of filing the said action. IP/N/1/TPKM/P/5 
 
- 44 - 
 
   
Article 142 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, Article 48, Article 50, Paragraphs 1, 2 and 4 of Article 52, Paragraph 2 of Article 58, Article 59, Articles 62 to 65, Article 68, Article 70, Article 72, Paragraphs 1, 3 and 4 of 
Article 73, Articles 74 to 78, Paragraph 1 of Article 79, Articles 80 to 82, Articles 84 to 86, 
Articles 92 to 98, 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 28 
shall be six (6) months. 
 In the case of a patent application for design, th e time period specified in Paragraphs 2 and 4 of 
Article 29 shall be ten (10) months. 
 
Chapter V Supplementary Provisions 
 
Article 143 Preservation of patent files  Patent files such as application documents, description, claim(s), abstract, drawing(s) shall be kept 
permanently in the custody of the Specific Patent Agency. Other 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, sh all be deemed to be the original files, and the 
original hard copy of such patent files may be de stroyed. A reproduced copy of the stored patent 
file shall be deemed to be a true copy upon  confirmation by the Specific Patent Agency. 
 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 144 Prescription of regulati ons governing awards for creations 
 
The competent authority may prescribe the regulations governing awards for the creations of inventions, utility models, or designs. 
 
Article 145 Prescription of regulations go verning submission of foreign language 
documents  
With respect to foreign language documents provided pursuant to Paragraph 3 of Article 25, 
Paragraph 3 of Article 106, and Paragraph 3 of Ar ticle 125, the competent authority shall prescribe 
regulations governing the types of foreign languages and other matters. 
 
Article 146 Prescription of regulations governing fees  
With respect to the application fee, patent certificate fee and annuity  set forth in Article 92, 
Article 92 applicable mutatis mutandis  under Article 120, and Article 92 applicable mutatis 
mutandis under Paragraph 1 of Article 142, 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 95, Article 95 applicable mutatis mutandis  under Article 120, and Article 95 applicable mutatis mutandis under 
Paragraph 1 of Article 142, the competent author ity shall prescribe regulations governing the 
conditions, number of years, amount, and other matters therefor.  
Article 147 Transitional provisions: patent term extension 
 A patent application filed before January 23, 1994  shall not apply for patent term extension under 
Article 53. 
 IP/N/1/TPKM/P/5 
 
- 45 - 
 
  Article 148 Transitional provisions: patent term 
 With respect to a patent that is published prio r to the implementation of the January 21, 1994, 
amendment of this Act, the patent term thereof shall be 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 th e 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 shal l be 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 
Patent Act. 
 Article 149 Transitional provisions: pending cases 
 
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 No vember 29, 2011, amendment of this Act, the 
amended Patent Act shall govern. 
 Article 150 Transitional provisions: Priority cl aim based on earlier application; division 
 
With respect to a patent application for invention or utility model which is filed prior to the implementation of the November 29, 2011, amen dment of this Act with priority claim made 
pursuant to the former Article 29, if the prior patent application has not been published or the 
decision of rejection has not become final and binding, Paragraph 1 of Article 30 shall apply. 
 With respect to an examination decision regardin g patent application for invention rendered prior 
to the implementation of the November 29, 2011, amen dment to this Act, if the time period stated 
in Subparagraph 2, Paragraph 2 of Article 34 ha s not expired, Subparagraph 2, Paragraph 2 and 
Paragraph 6 of Article 34 shall apply. 
 
Article 151 Transitional provisions : grace period; design patent 
 Subparagraph 2, Paragraph 3 of Article 22, Subparagraph 2, Paragraph 3 of Article 22 applicable 
mutatis mutandis  under Article 120, Paragraph 1 of Article 121, which pertains to partial design of 
articles, Paragraph 2 of Article 121, Subparagraph 1, Paragraph 3 of Article 122, Article 127, and Paragraph 2 of Article 129 shall be applicable only to patent applications filed after the 
implementation of the November 29, 2011, amendment of this Act. 
 Article 152 Transitional provisions: deposit of biological material 
 
In respect of a patent application for invention that violates 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, amendment, if the application is still pending at the time of the 
implementation, 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 153 Transitional provisions: Prio rity claim under WTO membership, etc. 
 
In respect of a patent application that, prior to the implementation of the November 29, 2011, 
amendment of this Act, violates the former Para graph 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 therefore cannot claim priority pursuant 
to the former Paragraph 3 of Article 28,  Paragraph 3 of Article 28 applicable mutatis mutandis  IP/N/1/TPKM/P/5 
 
- 46 - 
 
  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) months after the earliest priority date has not expired, and if, with 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 120, and Paragraph 4 of Article 29 applicable mutatis mutandis under Paragraph 1 of 
Article 142 shall apply. 
 In respect of a patent application that, prior to the implementation of the November 29, 2011, amendment of this Act, violates the former Para graph 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) months period after the earlie st priority date has not expired, and if, with 
respect to a patent application for design, the period of ten (10) months 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 120, and Paragraph 2 of Article 29 applicable mutatis 
mutandis under Paragraph 1 of Article 142 shall apply. 
 Article 154 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, amendment 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 implementation, the amended 
Act shall govern.  Article 155 Transitional provisions: no revival of extinguished patent right 
 
If any of the following events exists at the ti me of the implementation of November 29, 2011, 
amendment of this Act, Paragraph 4 of Article 52, Paragraph 2 of Article 70, Paragraph 4 of 
Article 52 applicable mutatis mutandis under Article 120, Paragraph 2 of Article 70 applicable 
mutatis mutandis under Article 120, Paragraph 4 of Article 52 applicable mutatis mutandis under 
Paragraph 1 of Article 142, and Paragraph 2 of Article 70 applicable mutatis mutandis under 
Paragraph 1 of Article 142 shall not apply: 
 
1. where, at the time of the said implementa tion, the time period for 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 implem entation, a patent has become extinguished 
pursuant to the former Subparagraph 3 of Article 66, Subparagraph 3 of Article 66 applicable 
mutatis mutandis under Article 108, or Subparagraph 3 of Article 66 applicable mutatis mutandis 
under Paragraph 1, Article 129 of this Act. 
 
Article 156 Transitional provisions: pe nding 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, amendment 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 157 Transitional provisions: pending patent application for associated design 
 In respect of a patent application for associated design that is still pending at the time of the 
implementation of the November 29, 2011, amendment 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 
implementation of the November 29, 2011, amendmen t of this Act, if the patent application for IP/N/1/TPKM/P/5 
 
- 47 - 
 
  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 amended Act.  
Article 158 Prescription of Enforcement Rules 
 The Enforcement Rules of this Act shall be  prescribed by the competent authority. 
 
Article 159 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. 
 
 
 
__________