Enforcement Rules of the Patent Act 
Article Content 
Chapter 1 General Provisions 
Article 1 
These Enforcement Rules are formulated pursuant to Article 158 of the Patent Act 
(hereinafter referred to as the Act). 
Article 2 
Any application to be filed pursuant to the Act and these Enforcement Rules shall, 
except that to be filed by electronic means pursuant to Article 19 of the Act, be in 
written form and shall be affixed with the signature or seal of the applicant, or the 
signature or seal of the patent agent appointed by the applicant. The Specific Patent 
Agency may, as it deems necessary, request the applicant to submit the document(s) 
proving the identity of the natural or juristic person. 
Any application to be filed in written form pursuant to the Act and these Enforcement 
Rules shall use the written forms designated by the Specific Patent Agency; the 
formats and number of copies thereof shall be prescribed by the Specific Patent 
Agency. 
Article 3 
Where the Chinese translation of technical terminology has been made by the 
National Academy for Educational Research, such official translation shall prevail. 
However, in the absence of such official translation or as it deems necessary, the 
Specific Patent Agency may request the applicant to annotate the Chinese terminology 
with its original foreign version. 
The document(s) for filing a patent application or other proceedings shall be in 
Chinese. In case any document(s) of proof is written in a foreign language, the 
Specific Patent Agency may, as it deems necessary, request the applicant to submit a 
full-text Chinese translation or a Chinese translation of an excerpt thereof. 
Article 4 
Any document(s) of proof submitted pursuant to the Act and these Enforcement Rules 
shall be the original or the certified copy thereof. 
Upon making preliminary showing that the photocopy of the document(s) of proof is 
identical to the original or the certified copy, except for the certified priority document, 
the parties involved may submit the photocopy instead. However, where a photocopy 
of the documentary evidence is submitted as evidence of invalidation, it shall be 
proved to be identical to the original or the certified copy thereof. 
When the original or the certified copy of the document(s) of proof has been verified by the Specific Patent Agency, it may be returned to the applicant. 
Article 5 
Where a person files a patent application or taking other proceedings in connection 
with patent matters in written form, the date of application and other proceedings shall 
be the dat e on which the Specific Patent Agency receives the written document; 
however, where the delivery thereof is made via post, the date of application and other 
proceedings shall be the postmark date. 
The date of application and other proceedings whose postmark date appears to be 
ambiguous shall be the date of receipt by the Specific Patent Agency, unless otherwise 
proved by the parties involved. 
Article 6 
With regard to the time period(s) specified by Specific Patent Agency pursuant to the 
Act and these Enforcement Rules, an applicant may, prior to the expiration thereof, 
make a request stating the reasons for the delay to the Specific Patent Agency for an 
extension. 
Article 7 
Where a request is made for recordation of the change to the name, seal, 
domicile/residence, or business establishment of the applicant, the document(s) of 
proof shall accompany such request. This provision shall not apply where the change 
thereto needs not be proved by document(s). 
Article 8 
Where a change of entitled applicant is requested due to a transfer of the right to apply 
for patent, the request shall be submitted and accompanied by the following 
documents: 
1. in the event that the change of entitled applicant is due to an assignment, the deed 
of assignment of the right to apply for patent or document(s) of proof of the 
assignment; where the assignment is made due to amalgamation or acquisition of 
companies, however, the document(s) of proof of the amalgamation or acquisition 
should be submitted;  
2. in the event that the change of entitled applicant is due to inheritance, the certificate 
of death and the instrument of succession. 
Article 9 
Where the applicant designates an agent, the document specifying the extent of power 
conferred upon the agent and the address to receive service shall be submitted to the 
Specific Patent Agency. 
Where agents for patent application and other proceedings are designated, the number 
of agents shall not exceed three (3). 
Where two or more agents are designated, each of them may act on behalf of the applicant severally. 
In the event that the designation violates the provision of the preceding paragraph, the 
agent still may act on behalf of the applicant severally. 
Where the power or agent is changed, unless a written notice is submitted to the 
Specific Patent Agency, such change has no effect to the Specific Patent Agency. 
Any change to the agent’s address shall be reported to the Specific Patent Agency. 
Article 10 
The agent may take any action within the extent of power conferred upon. However, 
actions of designating or discharging an agent, withdrawing a patent application, 
withdrawing a divisional patent application, withdrawing a converted patent 
application, withdrawing a request for reexamination, withdrawing a request for 
post-grant amendment, withdrawing an invalidation action, or abandoning a patent 
right shall not be taken without being specially empowered. 
Article 11 
Where the application documents do not conform to statutory requirements but such 
nonconformance may be remedied, the Specific Patent Agency shall notify the 
applicant to complete the requirements within a specified time limit; where the 
requirements are not completed within the specified time limit or are still incomplete, 
the application shall be processed pursuant to Paragraph 1, Article 17 of the Act. 
Article 12 
When requesting for reinstatement under Paragraph 2, Article 17 of the Act, a request 
form shall be submitted to the Specific Patent Agency stating the reasons for the delay 
and the date of extinguishment of such delay, and accompanied by the document(s) of 
proof. 
Chapter 2 Application and Examination of Invention Patent 
Article 13 
Where the priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, 
Article 30 of the Act, the so-called “prior to the filing of the patent application” in 
Article 22 of the Act, and the so-called “earlier-filed” in Article 23 of the Act shall 
mean prior to the priority date. 
The so-called “printed publication” in Article 22 of the Act shall mean documents or 
other storage media carrying information that is open to the public. 
The period of twelve (12) months in Paragraph 3, Article 22 of the Act is calculated 
from the day following the occurrence of the facts prescribed under the same 
paragraph to the filing date prescribed under Paragraph 2, Article 25 of the Act. 
Where there are more than one of the facts prescribed under Paragraph 3, Article 22 of 
the Act, the above-mentioned period shall be calculated from the day following the 
occurrence of the first of these facts. Article 14 
The so-called “a person ordinarily skilled in the art” in Article 22, Article 26, and 
Article 27 of the Act shall mean a person having general knowledge and ordinary skill 
in the art of the invention at the time of filing. 
In the preceding paragraph, the time of filing shall mean the priority date where 
priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article 30 of 
the Act. 
Article 15 
Where a person has obtained the right to apply for patent due to inheritance, 
assignment, employment or capital contribution, with respect to the disclosure of the 
invention made by the predecessor, assignor, employee or appointee prior to the filing, 
the provisions of Paragraphs 3 and 4, Article 22 of the Act shall apply. 
Article 16 
When filing a patent application for invention, the application form shall specify the 
following items: 
1. title of invention;  
2. name and nationality of the inventor;  
3. name, nationality, and domi cile/residence or business establishment of the applicant; 
name of the representative, if any ; and  
4. name and business establishment of the agent, if an agent is designated. 
Under any of the following circumstances, a statement shall be made at the time of 
filing: 
1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed;  
2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed; 
and 
3. where the declaration is made in respect of a patent application for invention and a 
patent application for utility model filed for the same creation on the same date as 
prescribed under Paragraph 1, Article 32 of the Act. 
Article 17 
When filing a patent application for invention, the description shall contain the 
following items: 
1. title of invention;  
2. technical field;  
3. prior art: indicate the prior art known to the applicant, where relevant materials 
reflect such art may be submitted;  
4. summary of invention: disclose the problem(s) that the invention aims to solve and 
its technical solution adopted to solve the problem(s); and state any advantageous 
effects of the in vention with reference to the prior art;  5. brief description of drawing(s): where the description is accompanied by 
drawing(s), description of the drawing(s) shall be made concisely according to the 
drawing sequence;  
6. description of embodiments: describe at least one way of carrying out the invention, 
use examples where appropriate, and refer to the drawing(s), if any; and  
7. reference signs list: where the description is accompanied by drawing(s), major 
reference signs of the drawing(s) shall be listed and illustrated according to the 
drawing sequence or reference signs sequence. 
The description shall be presented in the manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be preceded by a 
heading; unles s, owing to the nature of the invention, a different presentation would 
result in a better understanding. 
The paragraphs of the description may be arranged with four consecutive Arabic 
numbers in separate square brackets so that each of the paragraphs can be clearly 
identified. 
The title of invention should concisely state the contents of the claimed inventions; 
irrelevant wording is not allowed. 
When a patent application for invention involves a biological material or utilization of 
a biological material, where the biological material concerned has been deposited, the 
description shall specify the depository, date of deposit and deposit number. In the 
event that, prior to filing the patent application, the biological material concerned has 
been deposited in a foreign depository recognized by the Specific Patent Agency, the 
description shall also specify the foreign depository, date of deposit, and deposit 
number. 
Where a patent application for invention contains disclosure of one or more 
nucleotides and/or amino acids sequence, a sequence listing produced in compliance 
with the standard provided by the Specific Patent Agency shall be submitted as a 
separate part of the description. In addition, the said sequence listing may be 
submitted in the electronic version thereof in compliance with the requirement of the 
Specific Patent Agency. 
Article 18 
The claim(s) of an invention may be presented in more than one independent claim; 
the number of claim(s) shall be consistent with the disclosure of the invention; when  
necessary, the claim(s) may contain more than one dependent claim. The independent 
claim(s) and the dependent claim(s) shall be consecutively arranged in Arabic 
numerical sequence according to their dependent relations. 
An independent claim shall state the designation of the subject matter as claimed and 
the essential technical features of the invention that the applicant regards as his/her invention. 
A dependent claim shall state the Arabic number(s) of the claim(s) on which it 
depends, the designation of the subject matter and the technical features other than 
those in the claim(s) on which it depends; whenever an interpretation of a dependent 
claim is made, it shall contain all the technical features of the claim(s) on which the 
dependent claim depends. 
A dependent claim depending on two or more claims shall be referred to as a multiple 
dependent claim and shall be presented in alternative. 
A dependent claim may only depend on the preceding dependent or independent 
claim(s). However, direct or indirect dependence is not allowed among multiple 
dependent claims. 
An independent or a dependent claim shall be written in a single sentence. 
Article 19 
Unless absolutely necessary, the technical features of all the claim(s) may not be 
defined by referring to the page number(s) or line number(s) of the description, 
drawing(s) or reference sign (s) in the drawing(s). 
The technical features of the claim(s) may refer to the corresponding reference sign(s) 
in the drawing(s), and the reference sign(s) shall follow the corresponding technical 
features and be placed in parentheses; the reference sign(s) may not serve to limit the 
interpretation of the claim(s). 
The claim(s) may contain the chemical or mathematical formulae but not drawing(s). 
A technical feature in a claim for an invention which consists of a combination of 
multiple technical features may be expressed in means-plus-function or 
step-plus-function language. Such claim shall be interpreted to cover the 
corresponding structure, material, or acts described in the description and equivalents 
thereof. 
Article 20 
Where an independent claim of an invention is presented in two-part form, the 
preamble portion shall contain the designation of the subject matter as claimed and 
those essential technical features that the subject matter as claimed and the prior art 
are in common; the characterizing portion shall state the essential technical features of 
the invention which distinguish the subject matter as claimed from the prior art in 
such phase as “characterized in that,” “wherein the improvement comprises,” or in 
similar expressions. 
The technical features of the characterizing portion shall be in combination with those 
of the preamble portion in interpreting such independent claim. 
Article 21 
An abstract shall concisely state the disclosure of the invention, and be limited to the technical problem(s) it intends to solve, the technical solution adopted to solve the 
problem(s), and the principal use of the invention; in principle, the text of abstract is 
not to exceed 250 w ords; for an invention involving chemical formula, its abstract 
shall disclose the formula that can best characterize the inventive feature(s). 
An abstract may not contain any commercial advertisement wording. 
For an abstract failing to comply with the preceding two paragraphs, the Specific 
Patent Agency may notify the applicant to make an amendment within a specified 
time limit, or notify the applicant of the amendment being made ex officio. 
The applicant shall designate a representative drawing that can best characterize the 
technical feature(s) of the invention and list the primary reference sign(s) in the 
representative drawing accompanied by brief description(s). 
In case of failure to designate a representative drawing or inappropriate designation of 
a representative drawing, the Specific Patent Agency may notify the applicant to 
complete the requirements within a specified time limit, or notify the applicant of the 
designation or deletion being made ex officio. 
Article 22 
In a patent application for invention, the technical terminology and the reference 
sign(s) used in the description, claim(s), and abstract shall be consistent. 
The description, claim(s), and abstract referred to in the preceding paragraph should 
be typed or printed. 
Where the description, claim(s), and abstract are filed in a foreign language, the 
submitted Chinese translation thereof shall be precise and complete. 
Article 23 
In a patent application for invention, the drawing(s) shall be made clearly with ink 
lines based on the engineeri ng drawing method; when scaled down to two -thirds, all 
the details disclosed in each drawing shall still be clearly distinguished. 
The drawing(s) shall be annotated with drawing designation(s) and reference sign(s), 
arranged according to the drawing sequence, and shall not specify descriptive words, 
unless otherwise indispensable. 
Article 24 
In the event that parts of the description or the drawing(s) are missing from the patent 
application for invention, the filing date shall be the date on which the missing parts 
of the description or the drawing(s) are filed. However, the filing date shall be the date 
on which the application was first filed under any of the following conditions: 
1. where the application claims priority of an earlier application, and the missing parts 
of the description or the drawing(s) are completely contained in the earlier application; 
or 
2. where the applicant withdraws the earlier filed missing parts of the description or the drawing(s) within thirty days after being served with a notification confirming the 
filing date by the Specific Patent Agency. 
Where the description or drawing(s) referred to in the preceding paragraph is 
submitted in a foreign language, the above provisions shall apply. 
Article 25 
The period of twelve (12) months prescribed under Paragraph 1, Article 28 of the Act 
is calculated from the day following the filing date of first patent application in a 
country which reciprocally recognizes ROC-based priority claims or a member of the 
World Trade Organization (WTO) to the filing date prescribed under Paragraph 2, 
Article 25 of the Act. 
The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1, 
Article 30 of the Act is calculated from the day following the filing date of the earlier 
patent application to the filing date prescribed under Paragraph 2, Article 25 of the 
Act. 
Article 26 
The priority document to be submitted pursuant to Paragraph 2, Article 29 of the Act 
shall be the certified copy. 
In the event that the priority document submitted by the applicant within the time 
limit prescribed under Paragraph 2, Article 29 of the Act is a photocopy, the Specific 
Patent Agency shall notify the applicant to submit the certified copy thereof within 
specified time limit; where such submission is not made wi thin the specified time 
limit or the submission is still incomplete, the priority claim is deemed not to have 
been claimed pursuant to Paragraph 3, Article 29 of the Act. However, in the event 
that the certified priority document has already been submitted to the Specific Patent 
Agency, a photocopy specifying the number of the patent application to which the 
certified priority document appends may be submitted as a substitute. 
In the event that the priority document referred to in Paragraph 1 has been exchanged 
between the Specific Patent Agency and the receiving patent authority of the country 
or the WTO member by means of electronic communication, the priority document is 
deemed to have been submitted by the applicant. 
The certified copy referred to in Paragraph 1 may be replaced with the electronic 
version thereof in compliance with the requirement of the Specific Patent Agency; an 
explanation that this electronic version is identical to the certified copy shall be made. 
Article 26-1 
Where the priority is claimed pursuant to Paragraph 1, Article 30 of the Act, in the 
event the certificate fee and the first-year annuity with respect to the earlier patent 
application is paid pursuant to the Act, either at the same time, prior to or after the 
claiming of priority, the Specific Patent Agency shall notify the applicant to withdraw within the specified time period either the priority claim of the subsequent patent 
application or the request for patent certificate of the earlier patent application. If a 
withdrawal has not been made within the specified time period, the earlier patent 
application shall not be published and the Specific Patent Agency shall notify the 
applicant that the certificate fee and the first-year annuity may be refunded by request. 
Article 26-2 
The so-called “on the same date” prescribed under Paragraph 1, Article 32 of the Act 
shall mean a patent application for invention and a patent application for utility model 
having been filed in accordance with, respectively, Paragraph 2, Article 25 and 
Paragraph 2, Article 106 of the Act, and having the same filing date. In the event that 
the priority claims are made, the priority dates shall also be the same. 
The situation where the applicant has not made respective declarations as prescribed 
under Paragraph 1, Article 32 of the Act includes the applicant not having made any 
declaration for both the patent application for invention and the patent application for 
utility model, or the applicant not having made any declaration for either of the two 
applications. 
In the event that the utility model patent becomes extinguished or is revoked finally 
and bindingly after the approval of the patent application for invention but prior to the 
publication of that invention patent, the invention patent shall not be published. 
Article 27 
The so-called “linked as to form a single general inventive concept” in Paragraph 2, 
Article 33 of the Act shall mean that two or more inventions are technically related to 
one another. 
The inventions that are technically related to one another referred to in the preceding 
paragraph shall contain one or more same or corresponding special technical features. 
The so-called “special technical features” referred to in the preceding paragraph shall 
mean the technical features which define a contribution which each of the claimed 
inventions, considered as a whole, makes over the prior art. 
The determination of whether two or more inventions are technically related to one 
another shall be made without regard to whether the inventions are claimed in 
separate claims or as alternatives within a single claim. 
Article 28 
When requesting for division of a patent application for invention, a request form 
shall be submitted for each divisional patent application, accompanied by the 
following documents: 
1.description, claim(s), abstract, and drawing(s); and  
2.where the patent application for invention involves a biological material or 
utilization of a biological material, the certificate of deposit thereof. Under any of the following circumstances, a statement shall be made at the time of 
filing the request form for each divisional patent application: 
1. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed; or  
2. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed. 
The divisional patent application shall not differ from the original patent application 
in its type. 
Article 29 
(delete) 
Article 30 
Where a patent application is filed pursuant to Article 35 of the Act, an application 
form shall be submitted and accompanied by the document(s) of proof showing that 
the invalidation decision revoking the patent has become final and binding. 
Article 31 
Whenever a patent application for invention is laid open by the Specific Patent 
Agency, the following items shall be laid open to the public: 
1. application number;  
2. laying open number;  
3. laying open date;  
4. international patent classification;  
5. filing date;  
6. title of invention;  
7. name(s) of the inventor(s);  
8. name and domicile/residence or business establishment of the applicant;  
9. name of the agent, if an agent is designated;  
10. abstract;  
11. the drawing that can best characterize the technical features of the invention, and 
description(s) of the reference sign( s) in the drawing accompanied;  
12. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed, 
the reciprocal country or the WTO member receiving the respective first patent 
application(s), application number(s) and filing date(s) th ereof; 
13. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed, 
the respective application number(s) and filing date(s) thereof; and  
14. status for whether a request for substantive examination has been applied. 
Article 32 
When requesting for a substantive examination of a patent application for invention, a 
request form shall be submitted, specifying the following items: 
1. application number;  
2. title of invention;  3. name, nationality, and domicile/residence or business establishment of the applicant 
for substantive examination; the name of the representative, if any;  
4. name and business establishment of the agent, if an agent is designated; and  
5. identification of whether the requester for the substantial examination is the patent 
applicant. 
Article 33 
When requesting for prioritized examination of a patent application for invention, a 
request form shall be submitted, specifying the following items: 
1. application number and laying open number;  
2. title of invention;  
3. name, nationality, and domicile/residence or business establishment of the applicant 
for prioritized examination; the name of the representative, if any;  
4. name and business establishment of the agent, if an agent is designated;  
5. identification of whether the requester for prioritized examination is the patent 
applicant; and  
6. a statement with respect to the status of commercial exploitation of the patent 
application for invention; where there is an agreement, the history of reaching the 
agreement. 
Where a request for prioritized examination of the patent application for invention has 
been made but a request for substantive examination thereof has yet to be filed, a 
request for substantive examination as prescribed in the preceding article shall also be 
made. 
The relevant document(s) of proof to be submitted pursuant to Paragraph 2, Article 40 
of the Act shall include: advertising catalogues, other written materials reflecting the 
facts of commercial exploitation, or the written notice prescribed under Paragraph 1, 
Article 41 of the Act. 
Article 34 
Where the Specific Patent Agency notifies the applicant to appear for an interview, to 
perform experiment, to supplement model(s) or sample(s), or to amend the description, 
claim(s), or drawing(s), in case of failure to act within the specified time limit, or to 
conduct any act pursuant to the contents of the notification, the Specific Patent 
Agency may continue the examination based on the materials available. 
Article 35 
In case of obvious error(s) found in the description, claim(s), or text(s) or reference 
sign(s) in the drawing(s), the Specific Patent Agency may correct the error(s) ex 
officio and notify the applicant of the correction(s) being made. 
Article 36 
When requesting for amending the description, claim(s), or drawing(s) of a patent application for invention, a request form shall be submitted and accompanied by the 
following documents: 
1.the amended sheet(s) of the description or claim(s) on which the portions of the 
amendment are marked; the original d isclosure to be deleted shall be presented by a 
strike line crossing out the deleted text(s); the added disclosure shall be presented by 
underlining the added text(s). However, deleting claim(s) may be presented by 
annotation of descriptive text(s). 
2.the replacement sheet(s) of description, claim(s), or drawing(s) after the amendment 
without marks; in case the page sequence, claim sequence, or drawing sequence of the 
description, claim(s), or drawing(s) are not continuous due to the amendment, a 
complete set of description, claim(s), or drawing(s) after the amendment shall be 
submitted. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where an amendment is made to the description, the page number(s), paragraph 
number(s), and line number(s) thereof and reasons for the amendment;  
2.where an amendment is made to the claim(s), the number(s) thereof and reasons for 
the amendment;  
3.where an amendment is made to the drawing(s), the designation(s) thereof and 
reasons for the amendment. 
Where an amendment is made to the claim(s), if parts of the claims are deleted, 
number(s) of the remaining claim(s) should be rearranged with Arabic numeral(s) 
according to the claim sequence; where an amendment is made to the drawing(s), if  
parts of the drawings are deleted, the drawing designation(s) of the remaining 
drawing(s) should be rearranged according to the drawing sequence. 
In the event that the Specific Patent Agency has issued a final notice to the patent 
application for invention, the amendment reasons set forth in Subparagraph 2, 
Paragraph 2 of this Rule shall state the respective grounds prescribed under Paragraph 
4, Article 43 of the Act. 
Article 37 
When requesting for correcting the description, claim(s), or drawing(s) due to 
translation errors, a request form shall be submitted and accompanied by the 
following documents: 
1.the corrected sheet(s) of the description or claim(s) on which the portions of the 
correction are marked; the original disclosure to be deleted shall be pr esented by a 
strike line crossing out the deleted text(s); the added disclosure shall be presented by 
underlining the added text(s); and  
2.the replacement sheet(s) of description, claim(s), or drawing(s) after correction without marks. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where a correction is made to the description, the page number(s), paragraph 
number(s), and line number(s) thereof, reasons for correction, and the page number(s), 
paragraph number(s), and line number(s) of the corresponding description in the 
application in foreign language;  
2.where a correction is made to the claim(s), the number(s) thereof, reasons for the 
correction, and the claim number(s) of the corresponding claim(s) in the application in 
foreign language;  
3.where a correction is made to the drawing(s), the designation(s) thereof, reasons for 
the amendment, and the designation(s) of the corresponding drawing(s) in the 
application in foreign language. 
Article 38 
In case a correction of translation error(s) and an amendment are simultaneously made 
to the description, claim(s), or drawing(s) of the patent application for invention, the 
request for correction and the request for amendment may be submitted separately, or 
a request for correction specifying both the correction and amendment may be 
submitted. 
In case a correction of translation error(s) and a post-grant amendment are 
simultaneously made to the description, claim(s), or drawing(s) of the invention 
patent, the above provision shall apply. 
Article 39 
Prior to examination decision being rendered , any person considering that the 
claimed inventions shall not be granted may submit observations to the Specific 
Patent Agency, along with reasons and document(s) of proof. 
Chapter 3 Application and Examination of Utility Model Patent 
Article 40 
In the event that parts of the description or drawing(s) are missing from the patent 
application for utility model, the filing date shall be the date on which the missing 
parts of the description or the drawing(s) are filed. However, the filing date shall be 
the date on which the application was first filed under any of the following conditions: 
1.where the applicant claims priority of an earlier application, and the missing parts of 
the descrip tion or the drawing(s) are completely contained in the earlier application; 
or 
2.where the applicant withdraws the earlier filed missing parts of the description or 
parts of the drawing(s) within thirty (30) days after being served with a notification 
confirming the filing date by the Specific Patent Agency. Where the description or drawing(s) referred to in the preceding paragraph are 
submitted in a foreign language, the above provisions shall apply. 
Article 41 
The period of twelve (12) months prescribed under Paragraph 1 of Article 28 
applicable mutatis mutandis under Article 120 of the Act is calculated from the day 
following the filing date of the first patent application in a country which reciprocally 
recognizes ROC-based priority claims or a member of the WTO to the filing date 
prescribed under Paragraph 2, Article 106 of the Act. 
The period of twelve (12) months prescribed under Subparagraph 1, Paragraph 1 of 
Article 30 applicable mutatis mutandis under Article 120 of the Act is calculated from 
the day following the filing date of the earlier patent application to the filing date 
prescribed under Paragraph 2, Article 106 of the Act. 
Article 42 
When requesting for a technical evaluation report of utility model patent pursuant to 
Paragraph 1, Article 115 of the Act, a request form shall be submitted specifying the 
following items: 
1. application number;  
2. title of utility model;  
3. name, nationality, and domicile/residence or business establishment of the applicant 
for the technical evaluatio n report of utility model patent; the name of the 
representative, if any;  
4. name and business establishment of the agent, if an agent is designated; and  
5. identification of whether the requester is the patentee. 
Article 43 
The relevant document(s) of proof to be submitted pursuant to Paragraph 5, Article 
115 of the Act shall include: a written notice issued by the patentee to a party not 
entitled to exploit the patent for commercial purpose, advertising catalogues, or other 
written materials reflecting the facts of commercial exploitation. 
Article 44 
The technical evaluation report of utility model patent shall specify the following 
items: 
1. certificate number of the utility model patent;  
2. application number;  
3. filing date;  
4. priority date;  
5. the date that a request for rendering a technical evaluation report is made;  
6. title of utility model;  
7. name and domicile/residence or business establishment of the patentee;  8. name of the requester for the technical evaluation report of utility model patent;  
9. name of the agent, if an agent is designated;  
10. name of the patent examiner;  
11. international patent classification;  
12. range of prior art documents; and  
13. comparative conclusions 
Article 45 
Rules 13 to 23, Rules 26 to 28, Rule 30, and Rules 34 to 38 shall apply mutatis 
mutandis to utility model patent. 
Chapter 4 Application and Examination of Design Patent 
Article 46 
Where the priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable 
mutatis mutandis under Paragraph 1, Article 142 of the Act, the so-called “prior to the 
filing of the patent application” in Article 122 of the Act and the so-called 
“earlier-filed” in Article 123 of the Act shall mean prior to the priority date. 
The so-called “printed publication” in Article 122 of the Act shall mean documents or 
other storage media carrying information that is open to the public. 
The period of six (6) months in Paragraph 3, Article 122 of the Act is calculated from 
the day following the occurrence of the facts prescribed under the same paragraph to 
the filing date prescribed under Paragraph 2, Article 125 of the Act. Where there are 
more than one of the facts prescribed under Paragraph 3, Article 122 of the Act, the 
above-mentioned period shall be calculated from the day following the occurrence of 
the first of these facts. 
Article 47 
The so-called “a person ordinarily skilled in the art” in Article 122 and Article 126 of 
the Act shall mean a person having general knowledge and ordinary skills in the art of 
the design at the time of filing. 
In the preceding paragraph, the time of filing shall mean the priority date where 
priority is claimed pursuant to Paragraph 1, Article 28 of the Act applicable mutatis 
mutandis under Paragraph 1, Article 142 of the Act. 
Article 48 
Where a person has obtained the right to apply for patent due to inheritance, 
assignment, employment or capital contribution, with respect to the disclosure of the 
design made by the predecessor, assignor, employee or appointee prior to the filing, 
the provisions of Paragraphs 3 and 4, Article 122 of the Act shall apply. 
Article 49 
When filing a patent application for design, the application form shall specify the 
following items: 1. title of design;  
2. name and nationality of the designer; and  
3. name, nationality, and d omicile/residence or business establishment of the applicant; 
the name of the representative, if any; and  
4. name and business establishment of the agent, if an agent is designated;  
Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis 
mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof 
shall be made at the time of filing. 
When filing a patent application for derivative design, the application number of the 
original patent application for design shall be specified in the request form, in addition 
to the items stated in the preceding two paragraphs. 
Article 50 
When filing a patent application for design, the description shall contain the following 
items: 
1. title of design;  
2. purpose of article; and  
3. description of design. 
The description shall be presented in the manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be preceded by a 
heading. However, the items stated in Subparagraph 2 or 3 of the preceding paragraph 
may be omitted where such items are clearly reflected by the title of design or the 
drawing(s). 
Article 51 
The title of design shall clearly designate the article to which the design applied; 
irrelevant wording is not allowed. 
The purpose of article serves to facilitate description of usage, function, and the like 
of the article to which the design applied. 
The description of design serves to facilitate description of shape, patterns, colors, or 
any combination thereof. The following circumstances shall be stated, if any: 
1.the disclosed content of the drawing(s) contains parts which do not form part of the 
claimed design;  
2.for computer icons and graphic user interfaces applied to an article and whose 
appearance(s) may change, the change sequence; or  
3.the omission of the drawing(s) due to identicalness of drawing(s), symmetry of 
drawing(s), or any other causes. 
A concise statement may be made in the description of design when necessary under 
any of the following circumstances: 
1.where the appearance of design changes because of the characteristics of different materials used, adjustment of function, or change in state of use;  
2. where there is auxiliary drawing(s) or reference drawing(s); or  
3. in a patent application for design claiming a set of articles, the title of each article 
constituting the set. 
Article 52 
The terminology used in the title of design, purpose of article, and description of 
design in the description shall be consistent. 
The description referred to in the preceding paragraph should be typed or printed. 
Where foreign language document(s) is submitted pursuant to the Paragraph 3, Article 
125 of the Act, the description shall contain the precise and complete translation. 
Article 53 
In a patent application for design, the drawing(s) shall contain sufficient views so as 
to fully disclose the appearance of the claimed design; where the design is 
three-dimensional, t he drawing(s) shall contain a perspective view; where the design 
is applied to a boundless plane in form, the drawing(s) shall contain an element view. 
The views stated in the preceding paragraph may include a perspective view, a front 
view, a rear view, a left side view, a right side view, a top view, a bottom view, a plan 
view, an element view, or other auxiliary views. 
The drawing(s) shall be made clear with ink lines, computer drafting, or photographs 
based on engineering drawing method; when scaled dow n to two-thirds, all the details 
disclosed in each drawing shall still be clearly distinguished. 
Where colors are claimed, the drawing(s) stated in the preceding paragraph shall 
present the colors. 
The parts in the drawing(s) which the design intends to claim and not to claim shall be 
presented in a manner by which the different parts can be clearly distinguished. 
A drawing annotated as reference shall not be the scope of a design patent, but shall 
be used to describe an article to be applied or an environment of use. 
Article 54 
In a patent application for design, each drawing shall be annotated with a title, and a 
perspective view or a drawing that can best characterize the design shall be designated 
as the representative drawing. 
In case of failure to designate a representative drawing or inappropriate designation of 
a representative drawing, the Specific Patent Agency may notify the applicant to 
complete the requirements within a specified time limit, or notify the applicant of 
designation being made ex officio. 
Article 55 
In the event that parts of the description or parts of the drawing(s) are missing from 
the patent application for design, the filing date shall be the date on which the missing parts of the description or the drawing(s) are filed. However, the filing date shall be 
the date on which the application was first filed under any of the following conditions: 
1.where the applicant claims priority of an earlier application, and the missing parts of 
description or parts of the drawing(s) are completely contained in the earlier 
application; or  
2.where the applicant withdraws the earlier filed missing parts of the description or 
parts of the drawing(s) within thirty (30) days after being served with a notification 
confirming the filing date by the Specific Patent Agency. 
Where the description or drawing(s) referred to in the preceding paragraph are 
submitted in a foreign language, the above provisions shall apply. 
Article 56 
The period of six (6) months prescribed under Paragraph 2, Article 142 of the Act is 
calculated from the day following the filing date of the first patent application in a 
country which reciprocally recognizes ROC-based priority claims or a member of the 
WTO to the filing date prescribed under Paragraph 2, Article 125 of the Act. 
Article 57 
The so-called “same class” prescribed under Paragraph 2, Article 129 of the Act shall 
mean articles categorized under the same Class in the International Classification for 
Industrial Designs. 
Article 58 
When requesting division of a patent application for design, a request form for each 
divisional patent application shall be submitted and accompanied by description and 
drawing(s). 
Where the priority prescribed under Paragraph 1, Article 28 applicable mutatis 
mutandis under Paragraph 1, Article 142 of the Act is claimed, a statement thereof 
shall be made at the time of filing the request form for each divisional patent 
application. 
The divisional patent application shall not differ from the original patent application 
in its type. 
Article 59 
When requesting for amending the description or drawing(s) of a patent application 
for design, a request form shall be submitted and accompanied by the following 
documents: 
1.the amended sheet(s) of the description on which the portions of the amendment are 
marked; the original disclosure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presented by underlining 
the added text(s); and  
2.the complete set of replacement description or drawing(s) after the amendment without marks. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where an amendment is made to the description, the page number(s) and line 
number(s) thereof and reasons for the amendment;  
2.where an amendment is made to the drawing(s), the title(s) thereof and reasons for 
the amendment. 
Article 60 
When requesting for correcting the description or drawing(s) due to translation errors, 
a request form shall be submitted and accompanied by the following documents: 
1.the corrected sheet(s) of the description on which the portions of the correction are 
marked; the original disclosure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presen ted by underlining 
the added text(s); and  
2.the complete set of replacement description or drawing(s) after correction without 
marks. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where a correction is made to the description, the page number(s) and line number(s) 
thereof, reasons for correction, and the page number(s) and line number(s) of the 
corresponding description in foreign language;  
2.where a correction is made to the drawing(s), the title(s) thereof, reasons for the 
correction, and the title(s) of the corresponding drawing(s) in the application in 
foreign language. 
Article 61 
Rules 26, 30, 34, 35 and 38 shall apply mutatis mutandis to design patent. 
The provisions in this Chapter are applicable to derivative design patent. 
Chapter 5 Patent Rights 
Article 62 
Where priority is claimed pursuant to Paragraph 1, Article 28 or Paragraph 1, Article 
30 of the Act, the so-called “prior to the filing of application” in Subparagraph 3, 
Paragraph 1, Article 59 and Paragraph 1, Article 99 of the Act shall mean prior to the 
priority date. 
Article 63 
When requesting for recordation of patent right assignment, a request form shall be 
submitted by the assignor or the assignee and accompanied by deed of assignment or 
document(s) of proof with respect to the assignment. 
When requesting for recordation of patent right succession due to amalgamation or acquisition of companies, the documents to be submitted in the preceding paragraph 
are document(s) of proof with respect to the amalgamation or acquisition. 
Article 64 
In requesting for recordation of patent right entrustment, a request form shall be 
submitted by the patentee or the trustee and accompanied by the following 
documents: 
1.for recordation of trust, the deed of trust or document(s) of proof with respect to 
such entrustment agreement;  
2.for deletion of trust recordation upon termination of the trust relation and the 
acquisition of the patent right by the settlor, the deed of trust or document(s) of proof 
with respect to such termination of the trust relation;  
3.for recordation of attribution of trusted patent right upon termination of the trust 
relation and the acquisition of patent right by a third party, the deed of trust or 
document(s) of proof with respect to such trust attribution;  
4.for alteration of other matters in the recordation of trust, document(s) of proof with 
respect to such alteration. 
Article 65 
In requesting for recordation of licensing of patent right, a request form shall be 
submitted by the patentee or the licensee and accompanied by the following 
documents: 
1.for recordation of licensing, the license agreement or document(s) of proof with 
respect to such licensing;  
2.for alteration of the recordation of licensing, document(s) of proof with respect to 
such alteration;  
3.for deletion of licensing recordation, a letter consenting deletion of the licensing 
recordation issued by the licensee, a judgment of the court along with a certificate 
stating the judgment is final and binding, or documents which legally have the 
equivalent effect as a final and binding judgment of the court. However, where the 
license is terminated due to expiration of the licensed term, the above documents need 
not be submitted. 
The license agreement or document(s) of proof referred to in Subparagraph 1 of the 
preceding paragraph shall specify the following items: 
1. title or certificate number of the invention, utility model, or design patent; and  
2. type, scope, locality and term of license. 
Where the patentee licenses others to exploit part of the claims, the scope referred to 
in Subparagraph 2 of the preceding paragraph shall specify the number(s) of the 
licensed claim(s). 
The expiration date of the licensed term referred to in Subparagraph 2 of Paragraph 2 shall not be later than the expiration date of the patent term. 
Article 66 
In requesting for recordation of sub-licensing of patent right, a request shall be 
submitted by the licensee or the sub-licensee and accompanied by the following 
documents: 
1.for recordation of sub-licensing, the sub-license contract or document(s) of proof 
with respect to such sub- licensing;  
2.for alteration of the recordation of sub-licensing, document(s) of proof with respect 
to such alteration;  
3.for deletion of sub-licensing recordation, a letter consenting deletion of the 
sub-licensing recordation issued by the sub-licensee, a judgment of the court along 
with a certificate stating the judgment is final and binding, or documents which 
legally have the equivalent effect as a final and binding judgment of the court. 
However, where the sub-license is terminated due to expiration of the licensed term or 
sub-licensed term, the above documents need not be submitted. 
Paragraph 2 of the preceding Rule shall apply mutatis mutandis to the items to be 
specified in the sub-license contract or the document(s) of proof thereof referred to in 
Subparagraph 1 of the preceding paragraph. 
The sub-licensed scope is limited to the original licensed scope. 
Article 67 
In requesting for recordation of pledge establishment of a patent right, a request form 
shall be submitted by the patentee or the pledgee and accompanied by the following 
documents: 
1.for recordation of pledge establishment, the pledge agreement or document(s) of 
proof with r espect to such establishment;  
2.for alteration of the recordation of pledge establishment, document(s) of proof with 
respect to such alteration;  
3.for cancelation of pledge establishment recordation, document(s) of proof with 
respect to the full discharge of pledged liabilities, document(s) to prove that the 
pledgee consented to cancel the recordation of the establishment of a pledge, a 
judgment of the court along with a certificate stating the judgment is final and binding, 
or documents which legally have the equivalent effect as a final and binding judgment 
of the court. 
The agreement or document(s) of proof referred to in Subparagraph 1 of the preceding 
paragraph shall specify the following items: 
1.title or certificate number of the invention, utility mo del, or design patent; and  
2.amount of claim and the term of the pledge establishment. 
The expiration date of the term of the pledge establishment referred to in Subparagraph 2 of the preceding paragraph shall not be later than the expiration date 
of the patent term. 
Article 68 
Where, pursuant to the laws, consent from a third party is required for recordation 
referred to in the preceding five (5) rules, document(s) of proof with respect to such 
consent from the third party shall also be submitted. 
Article 69 
In requesting for recordation of succession of patent right, a request form shall be 
submitted and accompanied by the certificate of death and the instrument of 
succession. 
Article 70 
When requesting for amending the post-grant description, claim(s), or drawing(s) of a 
patent pursuant to Article 67 of the Act, a request form shall be submitted and 
accompanied by the following documents: 
1.the replacement sheet(s) of the description and drawing(s) after the post-grant 
amendment without marks;  
2.where a post- grant amendment is made to the claim(s), a complete set of the claims;  
3.where consent from the licensee, pledgee, or all joint owners is required pursuant to 
Article 69 of the Act, document(s) of proof with respect to such consent. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where a post-grant amendment is made to the description, the page number(s), 
paragraph number(s), line number(s) thereof, the contents amended, and reasons for 
the post-grant ame ndment; 
2.where a post-grant amendment is made to the claim(s), the claim(s) thereof, the 
contents amended, and reasons for the post- grant amendment;  
3.where a post-grant amendment is made to the drawing(s), the designation(s) thereof 
and reasons for the post-grant amendment. 
The contents amended shall specify the contents before and after the post-grant 
amendment; the original disclosure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presen ted by underlining 
the added text(s). 
The reasons for post-grant amendment referred to in Paragraph 2 shall specify the 
applied provision(s) of Paragraph 1, Article 67 of the Act. 
Where a post-grant amendment is made to the claim(s), if parts of the claims are 
deleted, the claim sequence of the remaining claim(s) shall not be changed; where a 
post-grant amendment is made to the drawing(s), if parts of the drawing(s) are deleted, 
the drawing designation(s) of remaining drawing(s) shall not be changed. When requesting for a post-grant amendment during invalidation proceedings, the 
patentee shall specify the number of invalidation action in the request form. 
Article 71 
Where an invalidation action is initiated after the patent has become extinguished ipso 
facto pursuant to Article 72 of the Act, the document(s) evidencing recoverable legal 
interests as a result of revocation of the patent right shall be submitted. 
Article 72 
Where an invalidation action is initiated, for an invention or a utility model, the 
invalidation statement prescribed under Paragraph 1, Article 73 of the Act shall state 
the objective to revoke all or parts of the claims; where an invalidation action is 
initiated against parts of the claims, the claim(s) against which the invalidation action 
is initiated shall be specifically identified; for a design, the invalidation statement 
shall state the objective to revoke the patent right of the design. 
The reasons of invalidation prescribed under Paragraph 1, Article 73 of the Act shall 
state the ground(s) asserted by the invalidation action and specific facts, as well as 
explain the relationship between the respective specific facts and the evidence. 
Article 73 
The invalidation proceedings and decisions concerned shall be conducted within the 
scope of the invalidation statement. 
The syllabus of the invalidation decision shall specify the examination results; for an 
invention or a utility model, such results shall be rendered on a claim-by-claim basis. 
Article 74 
When an invalidation action and a request for post-grant amendment are to be 
consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the 
post-grant amendment shall be first examined; if the post -grant amendment is rejected 
after examination, the Specific Patent Agency shall notify the patentee to make a 
response within a specified time limit; in case of failure to respond within the 
specified time limit or the post-grant amendment shall still be rejected despite the 
response, the Specific Patent Agency may proceed with the examination based on the 
materials available. 
When an invalidation action and a request for post-grant amendment are to be 
consolidated for examination pursuant to Paragraph 1, Article 77 of the Act, the 
syllabus of the invalidation decision shall specify the examination results for the 
post-grant amendment and the invalidation action separately. However, where the 
post-grant amendment is rejected after examination, such rejection shall only be stated 
in the reasons of invalidation decision. 
Article 75 
When more than one invalidation actions are to be consolidated for examination pursuant to Paragraph 1, Article 78 of the Act, the Specific Patent Agency shall notify 
the respective invalidation requesters and the patentee of the reasons and evidence on 
which the respective invalidation actions rely. 
The invalidation requesters and the patentee may each submit their comments or a 
response with respect to the reasons and evidence on which the respective invalidation 
actions rely within a time limit specified by the Specific Patent Agency. 
Article 76 
During the examination of an invalidation action, the Specific Patent Agency may, 
when necessary, consult with the invalidation requester and the patentee to formulate 
an examination plan. 
Article 77 
When requesting for a compulsory license, a request form specifying the reasons for 
the request thereof shall be submitted and accompanied by a detailed project for 
exploitation and relevant document(s) of proof. 
When requesting for repeal of a compulsory license, a request form specifying the 
ground(s) for the repeal thereof shall be submitted and accompanied by the 
document(s) of proof. 
Article 78 
Where, pursuant to Paragraph 2, Article 88 of the Act, the exploitation under 
compulsory licensing shall be authorized predominantly for the supply of the 
domestic market, the Specific Patent Agency shall, in the decision approving 
compulsory licensing, specify that the following items be disclosed by the licensee in 
an appropriate manner: 
1. information on the exploitati on of the compulsory license; and  
2. the quantity and flow of products manufactured. 
Article 79 
Marking of a patent certificate number prescribed under Article 98 of the Act shall not 
be made after the patent is extinguished or its revocation becomes final and binding, 
unless a patent certificate number has been marked on the patented article and the 
patented article has been circulated into the market before the patent is extinguished 
or its revocation becomes final and binding. 
Article 80 
The patentee may file an application form for the replacement or re-issuance of a 
patent certificate containing a written statement clarifying the reason(s) that exists 
under any of the following circumstances: 
1.the patent certificate is destroyed or lost;  
2.the patent c ertificate is outmoded or damaged;  
3.changes to the particulars entered therein are to be updated. Where a patent certificate is replaced or re-issued pursuant to the preceding paragraph, 
the nullification of the original patent certificate shall be published in the Patent 
Gazette. 
Article 81 
When requesting for a post-grant amendment to the description or drawing(s) 
pursuant to Article 139 of the Act, a request form shall be submitted and accompanied 
by a complete set of description or drawing(s) after the post-grant amendment without 
marks. 
The request form referred to in the preceding paragraph shall specify the following 
items: 
1.where a post-grant amendment is made to the description, the page number(s), line 
number(s) thereof, the contents amended and reasons for the post- grant amendment;  
2.where a post-grant amendment is made to the drawing(s), the title(s) thereof and 
reasons for the post-grant amendment. 
The contents amended shall specify the contents before and after the post-grant 
amendment; the or iginal disclosure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presented by underlining 
the added text(s). 
The reasons for post-grant amendment referred to in Paragraph 2 shall specify the 
applied provision(s) of Paragraph 1, Article 139 of the Act. 
When requesting for a post-grant amendment during invalidation proceedings, the 
patentee shall specify the number of invalidation action in the request form. 
Article 82 
The Patent Registry shall specify the following information: 
1. title of invention, utility model or design;  
2. patent term;  
3. name, nationality, and domicile/residence or business establishment of the patentee;  
4. name and business establishment of the agent, if an agent is designated;  
5. filing date and application number;  
6. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed, 
the reciprocal country or the WTO member receiving the respective first patent 
application(s), application nu mber(s) and filing date(s) thereof;  
7. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed, 
the respective application number(s) and filing date(s) thereof;  
8. publication date and patent certificate number;  
9. name of the assignee or successor, and the date of recordation of patent assignment 
or inheritance;  
10. name of the settlor or trustee, and the date of recordation of entrustment, deletion, or attribution of trust;  
11. name of the licensee and date of recordation of lice nse; 
12. name of the pledgee and date of recordation of pledge establishment, alteration, or 
deletion of pledge;  
13. name, nationality, and domicile/residence or business establishment of the 
compulsory licensee, and the date of approval or repeal of a com pulsory license;  
14. cause(s) and date of issuance of replacement of patent certificate;  
15. extension or prolongation of patent term and the date of approval;  
16. cause(s) and date of the extinguishment or revocation of a patent; for an invention 
or a utility model patent, where parts of the claims are deleted or revoked, the 
number(s) of such parts of claims shall be specified;  
17. name of the depository, date of deposit, and depository number; and  
18. any other matters with respect to the patent or prescribed by laws. 
Article 83 
Whenever a patent is published by the Specific Patent Agency, the following items 
shall be listed in the Patent Gazette: 
1. patent certificate number;  
2. publication date;  
3. laying open number and laying open date for an inventio n patent; 
4. international patent classification or the international classification for industrial 
designs; 
5. filing date;  
6. application number;  
7. title of invention, utility model or design;  
8. name(s) of the inventor(s) of the invention, the creator(s) of the utility model or the 
designer(s) of the design;  
9. name and domicile/residence or business establishment of the applicant;  
10. name of the agent, if an agent is designated;  
11. claim(s) and drawin g(s) of the invention patent or the utility model patent; 
drawing(s) of the design patent;  
12. brief description of drawing(s) or description of design;  
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed, 
the reciprocal country or the WTO member receiving the respective first patent 
application(s), application number(s) and filing date(s) thereof;  
14. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed, 
the respective application number(s) and filing date(s) thereof; and  
15. for an invention involving a biological material or utilization of a biological 
material, name of the depository, the deposit date and the deposit number; and  16. the declaration that a patent application for invention in respect of the same 
creation is filed by the same person on the same date. 
Article 84 
Whenever a request for a post-grant amendment is approved by the Specific Patent 
Agency, the following items shall be published in the Patent Gazette: 
1. patent certificat e number;  
2. publication date of the patent;  
3. application number;  
4. title of invention, utility model or design;  
5. name of the patentee; and  
6. amended contents. 
Article 85 
Whenever an invalidation decision is rendered by the Specific Patent Agency, the 
following items shall be published in the Patent Gazette: 
1. number of invalidation action;  
2. title of invention, utility model or design;  
3. name and domicile/residence or business establishment of the patentee;  
4. name of the invalidation requester;  
5. name of the agent, if an agent is designated;  
6. date of filing of the invalidation action;  
7. syllabus of the decision; and  
8. reasons of the decision. 
Article 86 
Where the applicant has a need to postpone the publication of a patent, he or she may 
apply to the Specific Patent Agency for the postponement thereof at the time of 
paying the patent certificate fee and the first year patent annuity fee. The requested 
term of postponement shall not exceed a period of six (6) months. 
Chapter 6 Supplementary Provisions 
Article 87 
Where the Specific Patent Agency notifies the applicant to retrieve the model(s), 
sample(s) or documentary evidence submitted pursuant to the Act within a specified 
time limit but the applicant fails to retrieve such items within the specified time limit, 
the Specific Patent Agency may dispose of these items at its discretion. 
Article 88 
For any application filed pursuant to the Act and these Enforcement Rules, the form, 
description, claim(s), abstract and drawing(s) thereof shall conform to the designated 
written format after the implementation of this amended Act. 
Under any of the following circumstances, the description, drawing(s), and description of drawing(s), other than the request form, shall conform to the designated 
written format prior to the implementation of this amended Act: 
1.a patent application for invention or utility model filed within three (3) months after 
implementation of this amended Act;  
2.for an application filed in a foreign language prior to implementation of this 
amended Act, the description, claim(s), drawing(s) or description of drawing(s) 
submitted within six (6) months after implementation of this amended Act; or  
3.for an application filed prior to implementation of this amended Act or pursuant to 
Subparagraph 1, when applying for an amendment or a post-grant amendment after 
implementation of this amended Act, the amended description, claim(s), drawing(s) or 
description of drawing(s). 
Article 89 
For a patent application for design filed pursuant to Paragraph 2, Article 121 or 
Paragraph 2, Article 129 of the Act, if the priority date thereof predates the 
implementation date of the amended Act, the implementation date of the amended Act 
shall be regarded as the priority date. 
Article 89-1 
The patent files such as application documents, description, claim(s), abstract, 
drawing(s), and illustration(s) deemed worth preserving by the Specific Patent 
Agency as set forth in Paragraph 1, Article 143 of the Act shall refer to these of the 
following patent cases ： 
1.the invention patent is requested for compulsory licensing. 
2.the patents filed by an ROC national who is a Nobel laureate. 
3.the patent has been awarded the National Invention and Creation Award. 
4.the patent is filed for an invalidation action and the decision thereof is filed for 
administrative remedy actions. 
5.the patent is filed for an opposition and the decision thereof is filed for 
administrative remedy actions. 
6.the other patents are deemed by Specific Patent Agency to facilitate technological 
development of historical significance, economic value, or to have been involved in a 
major patent litigation case. 
Article 90 
These Enforcement Rules shall enter into force on January 1, 2013. 
The amendment of these Enforcement Rules, except that the April 19, 2017 
amendment shall be effective on May 1, 2017 and the September 27, 2019 
amendment shall be effective on November 1, 2019, shall enter into force following 
its promulgation date. 
  Legislative History 
1. Announced on September 26, 1947; ent ered into force on January 1, 1949 
2. Amended on August 16, 1958 
3. Amended on August 22, 1973 
4. Amended on October 2, 1981 
5. Amended on April 18, 1986 
6. Amended on July 10, 1987 
7. Amended on October 3, 1994 
8. Amended on November 6, 2002 
9. Amended on April 7, 2004; effective on July 1, 2004  
10. Amended on August 19, 2008 
11. Amended on November 16, 2010 
12. Amended on November 9, 2012; entered into force on January 1, 2013  
13. Amended on November 6, 2014; entered into force on November 8, 20 14 
14. Amended on March 7, 2016; entered into force on March 9, 2016  
15. Amended on June 29, 2016; entered into force on July 1, 2016  
16. Amended on April 19, 2017; entered into force on May 1, 2017  
17. Amended on September 27, 2019; entered into force on November 1, 2019 
18. Amended on June 24, 2020; entered into force on June 26, 2020  
19. Amended on October 20, 2022