 Enforcement Rules of the Patent Act  
1. Announced on September 26, 1947; entered into force on January 1, 1949  
2. Amended on August 16, 1958  
3. Amended on August 22, 1973  
4. Amended on October 2, 1981  
5. Amended on April 18, 1986  
6. Amended on July 10, 1987  
7. Amended on October 3, 1994  
8. Amended on November 6, 2002  
9. Amended on April 7, 2004; effective on July 1, 2004  
10. Amended on August 19, 2008  
11. Amended on November 16, 2010  
12. Amended on November 9, 2012; entered into force on January 1, 2013  
13. Amended on November 6, 2014; entered into force on November 8, 2014  
14. Amended on March 7, 2016; entered into force on March 9, 2016  
15. Amended on June 29, 2016; entered into force on July 1, 2016  
16. Amended on April 19, 2017; entered into force on May 1, 2017  
17. Amended on  September 2 7, 201 9; entered into force on November 1, 201 9 
  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 wr itten 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 requ est 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 
Specif ic 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 th e 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 date on which the Specific Patent Agency receives the written document; 
however, where the delivery thereof is made via post, the date of application and 
other proceedings shall be the postmark date.  
The date of application and other proceedings whose postmark 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 p ursuant 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 cha nge 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 chan ge 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 a nd 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 noti ce 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 c onferred 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 reques t 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 m ay 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 pro cessed 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 docum ents 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 fir st 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 inheri tance, 
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 domicile/residence or business establishment of the 
applicant; name of the representative, if any ; and  
4. name and business establishment of the agent, if an agent is designated.  
Under any of the following circumstances, a statement shall be made at the time of 
filing:  
1. where the priority prescribed under  Paragraph 1, Article 28 of the Act is 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 fi eld; 
3. background art: indicating the background art known to the applicant, where 
relevant materials reflecting such art may be submitted;  
4. summary of invention: disclosing the problem(s) that the invention aims to solve 
and its technical solution adop ted to solve the problem(s); and stating any 
advantageous effects of the invention with reference to the background art;  
5. brief  description of drawing(s): where the description is accompanied by 
drawing(s), description of the drawing(s) shall be made in concise wording according 
to the drawing sequence;  6. description of embodiments: describing at least one way of carrying out the  
invention, using examples where appropriate and referring to the drawing(s), if any; 
and 
7. reference signs list: where the description is accompanied by drawing(s), major 
reference signs of the drawing(s) shall be listed and illustrated according to the 
drawing sequence or reference signs sequence.  
The description shall be presented in the manner and order specified in each 
subparagraph of the preceding paragraph, and each of the parts shall be preceded by 
a heading; unless, owing to the nature of the inv ention, a different presentation 
would result in a better understanding.  
The paragraphs of the description may be numbered consecutively with four Arabic 
numbers arranged in square brackets, so as to clearly identify each paragraph.  
The title of invention should concisely state the contents of the claimed inventions, 
where no irrelevant wording is allowed.  
When a patent application for invention involves a biological material or utilization of 
a biological material, where the biological material concerned h as 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 S pecific 
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 co mplying with the 
standard provided by the Specific Patent Agency shall be submitted as a separate 
part of the description, in addition thereto, a copy of the said sequence listing in 
computer -readable form may be submitted.  
 Article 18  
The claim(s) of an in vention 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 tec hnical 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 i nterpretation 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 po rtion 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 techn ical solution adopted to solve the 
problem(s), and the principal use of the invention; in principle, the text of abstract is 
not to exceed 250 words; for an invention involving chemical formula, its abstract 
shall disclose the formula that can best charact erize 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 specifi ed 
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 
represe ntative 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 shal l 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 pr ecise and complete.  
 Article 23  
In a patent application for invention, the drawing(s) shall be made clearly with ink 
lines based on the engineering drawing method; when scaled down to two -thirds, all 
the details disclosed in each drawing shall still be clea rly 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. wh ere 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) referre d 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 fi rst 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 prescribe d 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 within the specified time 
limit or the submission is still incomplete, the priority claim is deemed not to have 
been claimed pursuant to Paragraph 3, Article 29 of the Act. However, in 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 certifi ed 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 m eans 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 annu ity 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 t he 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 th e 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 applic ation 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 m ade, 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 applica tion 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 
technica l 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 determina tion 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 paten t 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. interna tional 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 count ry or the WTO member receiving the respective first patent 
application(s), application number(s) and filing date(s) thereof;  
13. where the priority prescribed under Paragraph 1, Article 30 of the Act is claimed, 
the respective application number(s) and fil ing 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 follow ing 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 representat ive, 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 exploitatio n 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 there of 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 e xperiment, 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 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). 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) shoul d 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 
Parag raph 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 desc ription or claim(s) on which the portions of the 
correction are marked; the original disclosure to be deleted shall be presented by a 
strike line crossing out the deleted text(s); the added disclosure shall be presented by 
underlining the added text(s); an d 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 numb er(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 cl aim(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 appli cation 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  
Subsequent to laying open but prior to issuing the examination decision, anyone 
considering that the cla imed inventions shall not be granted may submit his/her 
comments to the Specific Patent Agency, which may be accompanied by reasons and 
evidence thereof.  
Chapter 3 Application and Examination of Utility Model Patent  
 Article 40  
In the event that parts of th e 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 appl ication was first filed under any of the following 
conditions:  
1. where the applicant claims priority of an earlier application, and the missing parts 
of 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 
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 
presc ribed 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. appl ication number;  
2. title of utility model;  
3. name, nationality, and domicile/residence or business establishment of the 
applicant for the technical evaluation report of utility model patent; the name of the 
representative, if any;  
4. name and business est ablishment 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 pa tent 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. internation al 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 o f 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 pu blic. 
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 th ere 
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 
priori ty 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 c ontribution, 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 fo r 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 domicile/residence or business establishment of the 
applicant; the name of the representative, if a ny; 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 m ade 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 eac h 
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 de sign 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 c ontain sufficient views so as 
to fully disclose the appearance of the claimed design; where the design is 
three -dimensional, the drawing(s) shall contain a perspective view; where the design 
is applied to a boundless plane in form, the drawing(s) shall con tain 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 down to two -thirds, all the 
details disclosed in each drawing shall still be clearly distinguished.  
Where colors are claimed, the dra wing(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 fo r 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 a pplicant 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 langua ge, 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 recogniz es 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 a ccompanied 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 discl osure 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. whe re 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 cor recting 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 dis closure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presented by 
underlining the added text(s); and  
2. the complete set of replacement description or drawing(s) after correction without 
marks.  
The request form referred to in the preceding paragraph shall specify the following 
items:  
1. where a correction is made to the description, the page number(s) and line 
number(s) thereof, reasons for correction, and the page number(s) and line 
numbe r(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 6 1 
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 Para graph 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 amalgamatio n 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 docu ment(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 is sued 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 d ue 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 th e 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 re quest 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 reco rdation 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 cer tificate 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 paragrap h. 
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 
patent certific ate and the following documents:  
1. for recordation of pledge establishment, the pledge agreement or document(s) of 
proof with respect to such establishment;  
2. for alteration of the recordation of pledge establishment, document(s) of proof 
with respect to  such alteration;  
3. for deletion of pledge establishment recordation, document(s) of proof with 
respect to the full discharge of pledged liabilities, a letter consenting deletion of 
pledge establishment recordation issued by the pledgee, a judgment of the  court 
along with a certificate stating the judgment is final and binding, or 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 model or design patent; and  
2. amount of credit pledged and the term of the pledge establishment.  
The expiration date of the term of the pledge establishment referred in 
Subparagraph 2 of the preceding paragraph shall not be later than the expiration 
date of the patent term.  
Upon recordation under the first paragraph with the Specific Patent Agency, the 
relevant items shall be annotated to the pat ent certificate and the Patent Registry.  
 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 shal l 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 
amendme nt 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 su ch 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 re asons for 
the post -grant amendment;  
2. where a post -grant amendment is made to the claim(s), the claim(s) thereof, the 
contents amended, and reasons for the post -grant amendment;  
3. where a post -grant amendment is made to the drawing(s), the designation(s)  
thereof and reasons 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 ad ded 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 67 of the Act.  
Where a post -grant amendment is made to the cl aim(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 inventio n 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, t he 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 Paten t 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 invali dation 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 invalida tion 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 wit hin 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 licensi ng 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. informa tion on the exploitation 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 re vocation 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.  
 Artic le 80  
Where a patent certificate is destroyed, lost or damaged to the extent that it is no 
longer usable, the patentee shall apply for issuance of a replacement or a 
substitution, stating the reasons in writing.  
 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 th e 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 original disclosure to be deleted shall be presented by a strike line 
crossing out the deleted text(s); the added disclosure shall be presented by 
underlining the added text(s).  
The reasons for post -grant amendment referred to in 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 priorit y prescribed under Paragraph 1, Article 28 of the Act is claimed, 
the reciprocal country or the WTO member receiving the respective first patent 
application(s), application number(s) and filing date(s) thereof;  
7. where the priority prescribed under Paragr aph 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 inheritan ce; 
10. name of the settlor or trustee, and the date of recordation of entrustment, 
deletion, or attribution of trust;  
11. name of the licensee and date of recordation of license;  
12. name of the pledgee and date of recordation of pledge establishment, alt eration, 
or deletion of pledge;  
13. name, nationality, and domicile/residence or business establishment of the 
compulsory licensee, and the date of approval or repeal of a compulsory license;  
14. cause(s) and date of issuance of replacement of patent certi ficate;  
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 A gency, 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 invention patent;  
4. international patent classification or the international classificat ion for industrial 
designs;  
5. filing date;  
6. application number;  
7. title of invention, utility model or design;  
8. name(s) of the inventor(s) of the invention, the creator(s) of the utility model or 
the designer(s) of the design;  
9. name  and domicile/residence or business establishment of the applicant;  
10. name of the agent, if an agent is designated;  
11. claim(s) and drawing(s) of the invention patent or the utility model patent; 
drawing(s) of the design patent;  
12. brief description of  drawing(s) or description of design;  
13. where the priority prescribed under Paragraph 1, Article 28 of the Act is claimed, 
the reciprocal country or the WTO member receiving the respective first patent 
application(s), application number(s) and filing dat e(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 certificate number;  
2. publication date of the patent;  
3. application number;  
4. title of invention, utility model or design;  
5. name of the patentee; and  
6. amended contents.  
 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 de cision; 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 app lication 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 circums tances, 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 wi thin 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) month s 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 ame nded 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 preservin g 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 deci sion 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 cas e. 
 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.  