WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/TPKM/I/1
25 June 2002
(02-3497)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
The present document reproduces the text1 of the Patent Law, as last amended on
24 October 2001, as notified by the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu, under Article 63.2 of the Agreement (see document IP/N/1/TPKM/1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
TERRITOIRE DOUANIER DISTINCT DE TAIWAN, PENGHU, KINMEN ET MATSU
Le présent document contient le texte1 de la Loi sur les brevets, modifiée en dernier lieu le
24 octobre 2001, qui a été notifiée par le Territoire douanier distinct de Taiwan, Penghu, Kinmen et
Matsu au titre de l'article 63:2 de l'A ccord (voir le document IP/N/1/TPKM/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
En el presente documento se reproduce el texto1 de la Ley de Patentes, modificado por última
vez el 24 de octubre de 2001, notificado por el Territorio Aduanero Distinto de Taiwán, Penghu,
Kinmen y Matsu de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase
el documento IP/N/1/TPKM/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte, dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/TPKM/I/1
Page 2
PATENT LAW OF
THE REPUBLIC OF CHINA
As last amended on 24 October 2001
Chapter I
General Provisions
Article 1
This Law is enacted for encouraging, protecting and utilizing inventions and creations so
as to spur the development of industries.
Article 2
Patents referred to in this Law are classi fied into the following three categories:
1. Invention patents;2. New utility model patents; and3. New design patents.
Article 3
The government authority in charge of patent affairs under this Law shall be the Ministry
of Economic Affairs.
The Ministry shall set up a Patent Authority to handle the said patent affairs.
Article 4
A patent application filed by a foreign applicant may be rejected if the  country of which
the foreign applicant is a national is not a signatory of an international treaty for protection of patentright to which the Republic of China is also a signatory, or if said country has not concluded with theRepublic of China a treaty or an agreement for mutu al protection of patent rights, or if no patent
protection agreement has ever been concluded by and between the organizations or institutions of the
ROC and said foreign country, as approved by the Ministry of Economic Affairs, or if the laws of saidforeign country do not accept patent applications filed by nationals of the Republic of China.IP/N/1/TPKM/I/1
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Article 5
The term "right to apply for patent" as used herein shall mean the right to file a patent
application in accordance with the provisions of this Law.
Subject to the provisions otherwise provided for in this Law or in any agreement, the
term "the owner of the right to apply for patent" shall mean any inventor, creator or his assignee orheir.Article 6
The right to apply for patent and the patent right are both assignable and inheritable.The right to apply for patent shall not be taken as the subject for creation of a pledge.In the case of taking a patent right as the subject of a pledge, the pledgee shall not be
allowed to put the patent under pledge into practice, unless otherwise provided for in an agreement.
Article 7
Where an invention or a new utility model or a new design is made by an employee in
the performance of his job duties, the right to apply for patent and the patent right thereof shall bevested in his employer, and the employer shall pay the employee a reasonable remuneration, providedthat if there is any provision otherwise provided  in an agreement, such provision shall prevail.
The clause "an invention, or a new utility model or a new design is made in the
performance of his job duties" as set forth in the preceding Paragraph shall mean the invention, new
utility model or new design which is completed by  an employee in performing his job duties during
the period of his employment.
Where a fund-provider engages another party to conduct research and development, the
ownership of the right to apply for patent and the patent right in connection with the outcome of suchresearch and development shall be vested in the party as named in the agreement between the two
parties concerned, or shall be vested in the inventor or creator if the owner is not named in such anagreement provided that in any case, the fund-provider shall be allowed to put such invention, newutility model or new design into practice.
In case the ownership of the right to apply for patent and the patent right is vested in the
employer or the fund-provider under Paragraph One or Paragraph Three hereinabove, the inventor orthe creator concerned shall be entitled to the right of having his name shown as the inventor or the
creator.
Article 8
Where an invention, a new utility model or a new design made by an employee is
irrelevant to his job duties, the right to apply for patent and the patent right concerned shall be vestedin the employee provided, however, that if such invention, new utility model or new design is madeIP/N/1/TPKM/I/1
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through utilization of the employer's resources or experience, the employer may, after having paid the
employee a reasonable remuneration, put same invention or new utility model or new design intopractice in the enterprise concerned.
Upon completion of an invention, a new utility model or a new design irrelevant to his
job duties, the employee shall give his employer a notice in writing of such event and shall inform hisemployer of the process of the creation when necessary.
If the employer fails to raise any objection to the employee within six (6) months after
his receipt of the written notice given by the employee under the preceding Paragraph, he shall notclaim that such invention, new utility model or new design is made by the said employee in theperformance of his job duties.
In the case of dispute arising from the amount of the remuneration set forth in Paragraph
One of this Article, the Patent Authority shall coordinate with the relevant parties for possible
settlement.
Article 9
An agreement reached between an employer and an employee, by which the employee is
precluded from enjoying his legitimate rights and interests of his invention, new utility model or newdesign, shall be void.
Article 10
Where an agreement has been reached by an employer and one of its employees in
respect of the dispute concerning the ownership set forth in Articles 7 and 8 of the Law, the employeror employee involved shall file an application with the Patent Authority for change of the name of theowner of the right involved, accompanied by the relevant evidential documents.  The Patent Authoritymay, as it deems necessary, notify the parties involved to submit thereto documents relevant to anymediation, arbitration or court judgment rendered in accordance with other laws and regulations.
Article 11
The Patent Authority may, ex officio  or upon request, grant an extension of the statutory
time limit to any person residing abroad or in a remote area or a place difficult to access so as to
complete the regulatory procedures with the Patent Authority.
Article 12
A patent applicant may designate a patent agent to act on his behalf in filing patent
applications and handling patent-related matters.IP/N/1/TPKM/I/1
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        A patent applicant who has no domicile or business office in the territory of the Republic
of China must designate a patent agent to act on his behalf to file patent applications and handlepatent-related matters.
A patent agent must have a domicile in the territory of the Republic of China.  Agents
who take patent agency service as their exclusive profession shall be limited to certified patentattorneys, unless otherwise provided for in the law.
Qualification and administration of certified patent attorneys shall be prescribed in a
separate law.  Before enactment of that separate law, the Rules Governing Patent Agents shall govern.
Article 13
Where the right to apply for patent is jointl y owned by two or more persons, the patent
application(s) related thereto shall be filed jointly by all joint-owners.
Where two or more persons proceed to any patent-related procedure(s) other than filing a
patent application, each of them may complete such procedure(s) independently, except for thewithdrawal or abandonment  of the patent application, the filing of divisional applications set forth in
Article 32 hereof, the division of patent rights set forth in Article 68 hereof, the conversion of thepatent application or other applications otherwise required in this Law which shall be executed andfiled by all joint-owners provided, however, that if a representative is designated with a mutual
covenant of all joint-owners, such covenant shall prevail.
In the case of an application requiring execut ion of all joint-owners as set forth in the
preceding two Paragraphs, one of the joint-owners shall be appointed as the recipient of service of thedocuments.  In the absence of such an appointment of recipient, the patent authority shall name thefirst applicant indicated in the list of joint-applicants as the recipient of service and shall advise allother joint-owners of such matters of service.
Article 14
Where the right to apply for patent is jointl y owned by two or more persons, no joint-
owner may, without the consent of the other joint-owners, assign his share therein to any other person.
Article 15
In the case of an inheritance or assignment of the right to apply for patent, the assignee
shall have no locus standi  against any third party unless the patent application was filed in the name of
the assignee when filing for patent, or an application was filed thereafter with the Patent Authority forthe change of the applicant's name.
Any such name change application referred to in the preceding Paragraph, whether filed
for an assignment or an inheritance, shall be accompanied by evidential documents.IP/N/1/TPKM/I/1
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Article 16
Staff personnel and patent examiners, while serving in the Patent Authority, may not
apply for a patent or receive any rights and interests concerning a patent directly or indirectly,provided that this provision shall not apply to the case of inheritance.
Article 17
Staff personnel and patent examiners of the Patent Authority shall have the obligation to
keep the confidentiality of the patent matters of invention, new utility mode l or new design, or the
trade secret of a patent applicant which has become known to or been held by them in the course ofperforming their duties.
Article 18
When a person filing a patent application or going through any other procedures in
connection with patent matters has made delay beyond any statutory or specified time limit, or hasdefaulted in payment of any fees by the time limit, the application or the other procedures institutedby him shall be dismissed, unless his failure involving the specified time limit or payment has beencorrected before an administrative decision is rendered by the Patent Authority.
If the delay is caused by natural calamities or other causes not attributable to the
applicant, the applicant may within thirty (30) days  after termination of such cause(s), file a written
application with the Patent Authority for reinstating the interrupted case to its original condition bygiving the reasons therefor in the said application, except in the case where one (1) year has elapsedafter expiration of the statutory time limit.
While applying for reinstatement of the interrupted case, the applicant shall concurrently
fulfill his obligation that he should have fulfilled within the statutory time limit.
The provisions of the preceding two Paragraphs shall not apply to opposition actions.
Article 18-1
       Where service of a written examination decision or any other documents can not be
made, such written examination decision or document shall be published in the Patent Gazette andshall be deemed duly served after 30 days from the date of publication thereof in the Patent Gazette.IP/N/1/TPKM/I/1
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Chapter II
Invention Patent
Section 1: Prerequisites for Patent
Article 19
The term "invention" as used herein refers to a high-level creation of technical concept(s)
by which natural rules are utilized.
Article 20
An invention which is industrially applicable and is free from any of the following
conditions may obtain a patent therefor upon application in accordance with this Law:
1. Which, prior to applying for patent, has been published or put to public use
provided, however, that this provision shall not apply where such publication oruse has been made for research or experimental purposes and a patent applicationtherefore has been filed within six (6) months from the date of publication or use;or
2. Which, prior to applying for patent, has been displayed in an exhibition provided,
however, that this provision shall not apply where the invention is displayed in agovernment-sponsored or recognized exhibition, and a patent application has beenfiled therefor within six (6) months from the opening date of such exhibition.
An invention not subject to either one of the conditions listed in the preceding Paragraph
shall still not be granted an invention patent under this law if it utilizes conventional technology orknowledge known prior to applying for patent, and can be easily accomplished by persons skilled inthe art.
An applicant claiming the application of the proviso of Item 1 or Item 2, Paragraph One
of this Article shall indicate the facts and the relevant dates in his application and submit evidentialdocuments within the time limit specified by the Patent Authority.
Article 20-1
        Where the contents of an invention claimed in a patent application are identical with the
contents described in the specification or drawings  submitted along with an application for invention
or new utility model patent that is filed prior to but laid-open or published after the filing of thepresent patent application, no invention patent may be granted to the invention, except that theIP/N/1/TPKM/I/1
Page 8
applicant(s) of the present application is (are) the same applicant(s) of such prior invention or new
utility model patent application.
Article 21
       The following items shall not be granted an invention patent:
1. New varieties of animals and plants, except the cultivation and growth processes
of new plant varieties;
2. Diagnostic, treatment or surgical methods for diseases afflicting humans or
animals;
3. Scientific theories or mathematical methods;4. Rules or methods of games and sports;5. Methods or plans which can be implemented only by means of human reasoning
and memory; and
6. An invention which is contrary to public order, good custom or sanitation.
Section 2: Application
Article 22
        Application for an invention patent shall be made by the person entitled to file the patent
application by submitting to the Patent Authority a written application, a specification, necessarydrawings and an Oath.
                      Where the person entitled to file a patent application is an employer, assignee or heir,
the name of the inventor shall be indicated in the application, and the document evidencing the
employment, assignment or inheritance shall be submitted along with the application.
                        The specification required under Paragraph one of this Article shall also contain, in
addition to the claims, the prior art, the object  of invention, the technical content, characteristics and
effects which would enable persons skilled in the art to understand the contents of and to practice theinvention concerned.
                        The claims referred to in the preceding Paragraph shall substantially describe the
subject matter , technical contents and characteristics of the invention.
                         The manner for preparing the specification, the drawings and the claims shall be
prescribed in the Enforcement Rules of the Patent Law.IP/N/1/TPKM/I/1
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Article 23
                     When filing an invention patent application, the date on which the government fee and
written application, specification and necessary drawings as required by Paragraph One of thePreceding Article are submitted to the Patent Authority shall be taken as the filing date.  For thespecification and/or the drawings submitted in a foreign language, the Chinese translations thereofshall be submitted within the time limit set by the Patent Authority; and the date on which the Chinesetranslations are submitted shall be taken as the filing date of the application, provided that thesubmission of Chinese translations has been ma de before an administrative measure is taken.
Article 24
                     A patent applicant, who has filed his first patent application in accordance with the
relevant law in respect of an invention in a foreign country which allows ROC nationals to claimpriority based on mutual principle and has filed his patent application for the same invention in theROC within twelve (12) months from  the day following the date of his first patent application in said
foreign country, may claim a priority for his ROC application.
                     Under the provisions of the preceding Paragraph, in case an applicant claims for two or
more priority rights in a single patent application, the period for priority claim shall be calculatedfrom the day following the first priority date.
                      In the case of a foreign applicant, if the country of which he is a national does not
maintain a relation for mutual recognition of priority rights with the Republic of China but theapplicant has a domicile or business office in the territory of a mutual country, the applicant shall alsobe entitled to claim priority in accordance with the provisions set forth in Paragraph One under this
Article.
                     For a patent application with a priority claim, the priority date shall be used as the
reference date in the examination of the prerequisites for patent.
                     The priority date claimed under this Article shall not be earlier than January 23, 1994.Article 25
                     An applicant claiming priority in accordance with the preceding Article shall, when
applying for patent, simultaneously file a statement and declare in the written application the filingdate and the application number of the corresponding foreign application as well as the foreigncountry in which the same application was filed.  However, if the application number of such foreignapplication is unknown, the cause thereof shall be stated in the present written application.IP/N/1/TPKM/I/1
Page 10
                    The applicant shall, within  three (3) months from the day following the filing date of the
present application, submit the documents issued by the said foreign country evidencing itsacceptance of the said prior patent application; and if the circumstance referred to in the proviso of thepreceding Paragraph does exist, a document justifying the identicalness of the subject matters claimedin both the said foreign application and the pres ent application shall be submitted at the same time.
                     Violation of the provisions set forth in the preceding two Paragraphs shall cause the
deprivation of the priority right.
Article 25-1
                     Where an applicant files a further application based on a prior invention or a new utility
model patent application filed by himself in the ROC, he may claim for the priority right in respect ofthe invention or creation described in the specification or drawings submitted along with his priorpatent application, except in the following circumstances:
1. Where a period of 12 months has elapsed from the day following the filing date of the
prior patent application;
2. Where a claim for priority right has been made in accordance with the provisions of
Article 24 or this Article in respect of the invention or creation described in the priorpatent application;
3. Where the prior patent application has been divided into separate applications in
accordance with the provisions of Paragraph One, Article 32 hereof, or has beenconverted in accordance with the provisions of Article 101 hereof; or
4. Where the examination decision has been made in respect of the prior patent
application.
                     The prior patent application shall be deemed having been withdrawn after 15 months
from the day following the filing date of the prior application.
                      A priority claim ba sed on a prior patent application may not be withdrawn after 15
months from the day following the filing date of the prior application.
                      Where a later application filed with priority claim in accordance with Paragraph One of
this Article is withdrawn within 15 months from the day following the filing date of the prior
application, the priority claim shall be  deemed withdrawn at the same time.IP/N/1/TPKM/I/1
Page 11
                    Where an applicant claims two or more priority rights in a single application, the period
for priority claim shall be calculated from the day following the earliest priority date.
                    For a patent application with priority claim, the priority date shall be used as the
reference date in the examination of the prerequisites for patent.
                     A statement for priority claim in accordance with Paragraph One under this Article shall
be filed concurrently while filing a patent application, and the filing date and the application numberof such prior patent application shall be indicated in the written application.  Failure of the applicantto file the statement or to indicate the filing date and the application number of the prior patent
application shall cause the deprivation of priority right.
                     The priority date claimed under this Article shall not be earlier than October 4, 2001, the
effective date of the amendment made to this Law.
Article 26
In applying for an invention patent involving any new species of microorganism(s) or
utilization of microorganism(s), the applicant shall prior to applying for patent, deposit themicroorganism(s) at a local deposit institute designated by the Patent Authority and shall indicate inthe written application the name of the deposit institute, and the date and the serial number of suchdeposit provided, however, that the deposit is not required if the microorganism(s) involved can beeasily obtained by persons skilled in the art.
The applicant shall, within three (3) months from the day following the filing date of the
application, submit to the Patent Authority the document(s) evidencing the deposit. If the documentsare not submitted within the time limit, the deposit shall be deemed not having been effected.
In the event the microorganism(s) involved has (have) been deposited before filing the
patent application at a foreign depositary institution which is recognized by the Patent Authority andthe fact of such deposit has been stated in the application, and the deposit certificates issued by both adesignated local depositary institution and the foreign depositary institution have been submittedwithin the time limit specified in the preceding Paragraph, the requirement for local deposit before
filing the application as set forth in Paragraph One of this Article may be exempted.
Regulations governing the accepting conditions, the categories, the type, and the quantity
of microorganism(s) to be deposited, the deposit fee rates, and other matters in connection with thedepositing operation shall be prescribed by the Patent Authority.
Article 27
When two apply separately for patent for the same invention, only the applicant whose
application was filed first may be granted an invention patent, except in the case where the priorityIP/N/1/TPKM/I/1
Page 12
date claimed by the applicant filing the later application is earlier than the filing date of the earlier
application.
If the filing date and the priority date referred to in the preceding Paragraph are the same
date, the applicants shall be requested to reach a compromise between/among themselves.  If suchcompromise cannot be reached, none of the applicants shall be granted an invention patent.
While the applicants involved are in the process of negotiating for a compromise, the
Patent Authority may notify such applicants to submit the results of such negotiation within anappropriate period of time to be set by the Patent Authority.  Failure to submit the negotiation resultswithin such time limit shall be deemed a failure to reach a compromise.
Where an invention patent application and a new utility model patent application are
filed separately and simultaneously in respect of a same invention or creation, the provisions set forthin the preceding three (3) Paragraphs shall apply mutatis mutandis
.
Article 28
(deleted)
Article 29
Where a reinvention is made by utilizing an invention or a new utility model of another
person, an application for an invention patent may be filed for such reinvention.
The reinvention set forth in the preceding Paragraph refers to an invention accomplished
by utilizing the major technical content of the invention or new utility model of another person.
Article 30
When the original inventor and another person separately apply for patent for the same
reinvention on the same date, the original inventor shall be granted an invention patent.
Article 31
When applying for an invention patent, one application shall only claim one single
invention.  However, if two or more inventions cannot be separated in practical use, such inventionsmay be claimed in one application under any of the following circumstances:
1. In the case of the utilization of the major constituent features of an invention;2. In the case of an invention covering an article, the application may simultaneously
claim other inventions relating to the process of manufacturing the article, theprocess of utilizing the article, and the machines, devices or apparatus formanufacturing the article or other articles in which the specific feature of thearticle is utilized; andIP/N/1/TPKM/I/1
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3. In the case of an invention claiming a process, the application may simultaneously
claim inventions relating to the machines, devices or apparatus to be directly usedin practicing the process.
Article 32
In the case of a patent application which substantially involves two or more inventions,
the application may, upon notice given by the Patent Authority or the request by the applicant, bedivided into two or more separate divisional applications.
The divisional applications set forth in the preceding Paragraph shall be filed before the
re-examination decision on the original application is rendered.  If divisional applications areaccepted, the filing date of the original application shall still be taken as the filing date of thedivisional applications, and the applicant shall remain entitled to claim  priority, if any, and the Patent
Authority shall proceed with the examination proced ures left unfinished in the examination of the
original application.
Article 33
(deleted)
Article 34
When a patent application for an invention filed by a person other than the person
entitled to file such application has been rejected as a result of an opposition action, the filing date ofthe application filed by the person not entitled thereto shall be taken as the filing date of theapplication filed by the person entitled to file the patent application, if the person entitled to file suchapplication files a patent application within sixty (60) days from the day following the date on whichthe opposition decision becomes irrevocable.
Article 35
When an invention patent is granted upon application filed by a person other than the
person entitled to file such application, the filing date of the application filed by the person notentitled to file the application shall be taken as the filing date of the application filed by the personentitled to file the application, if the person entitled to file the patent application files a cancellationaction against the patent issued from the application filed by the person not entitled to file theapplication within two (2) years from the issuance date of the irrevocable examination decision on thesaid patent application, and files his own patent application within sixty (60) days from the dayfollowing the date on which the cancellation decision becomes irrevocable.IP/N/1/TPKM/I/1
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Section 3: Examination and Re-examination
Article 36
The Patent Authority shall designate patent examiner(s) to conduct substantive
examination on a patent application for an invention.
The qualification requirements of patent examiners shall be defined by a separate law.
Article 36-1
After receipt of the documents of an invention patent application, if the Patent Authority
considers, through examination, that nothing is contrary to the formal requirements and nothingshould not be laid-open, the Patent Authority shall have such application laid-open after a period of 18months from the day following the filing date of such patent application.
The period set forth in the preceding Paragrap h, in the event of a priority claim, is
calculated from the day following the priority date, or following the earliest priority date if two ormore priority rights are claimed.
The Patent Authority may advance the laying-open of a patent application at the request
of the applicant.
Under any of the following circumstances, an  invention patent application shall not be
laid-open:
1. Where the patent application has been withdrawn within 15 months from the day
following the filing date of the said application;
2. Where the contents of the invention involve the national defense secret or any
secret pertaining to the security of any other country; or
3. Where the contents of the invention are detrimental to public order or good
custom.
Article 36-2
Any person may, within 3 years from the day following the filing date of an invention
patent application, apply to the Patent Authority for a substantive examination.
If the date for filing divisional applications under Paragraph One, Article 32 or the date
for conversion into an invention patent application under Article 101 hereof falls beyond the timeframe set forth in the preceding Paragraph, the application for substantive examination may be filedwithin 30 days from the day following the date of filing the divisional applications or the date ofconversion.
No substantive examination application filed under the preceding two Paragraphs may be
withdrawn.IP/N/1/TPKM/I/1
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In the absence of an application for substantive examination within the periods specified
in Paragraph One or Paragraph Two of this Article, the said invention patent application shall bedeemed withdrawn.
Article 36-3
When applying for substantive examination under the preceding Article, a written
application shall be submitted.
The Patent Authority shall post the fact that an application is under substantive
examination in the Patent Gazette.
Where the substantive examination application is filed by a person other than the
applicant of the invention patent application concerned, the Patent Authority shall inform theapplicant of said invention patent application of such fact.
Where a substantive examination application is filed by the applicant of an invention
patent application pertaining to a new specie of micro-organism or an invention for utilizing anymicroorganism, a certificate of viability issued by the depositary institution concerned shall besubmitted along with the application; whereas, if such substantive examination application is filed bya person other than the applicant of the invention patent application, the Patent Authority shall notify,the applicant of the invention patent application to submit such a certificate of viability within three
(3) months.
Article 36-4
During the period from the laying-open of an invention patent application to the
publication of the application, if persons other than the applicant of the invention patent applicationput such invention to practice for commercial purposes, the Patent Authority may effect theexamination on a priority basis upon application.
For the application under the preceding Paragraph, relevant evidential documents shall
be submitted along with the application.
Article 36-5
Where a person has received a written notification of the contents of an invention patent
application from the applicant thereof after laying-open of such patent application and continues toput the invention to practice for commercial purpose in the interim after such notification and prior tothe publication, the applicant of the invention patent application may, after obtaining the patent rightfollowing the allowance of his invention patent application by an irrevocable examination decision,make a claim on the said person for an appropriate pecuniary compensation.
The claim referred to in the preceding Paragraph may also be made on a person who
knows that an invention patent application has been  laid-open but still continues to put the invention
to practice for commercial purpose prior to the publication of the application.IP/N/1/TPKM/I/1
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The right to claim provided for in the preceding two Paragraphs shall have no prejudice
to the exercise of any other rights.
The right to claim for pecuniary compensation set forth in Paragraph One and Paragraph
Two of this Article shall become extinguished if not exercised within two years from the dayfollowing the date of the irrevocable examination decision.
Article 36-6
The provisions of the preceding five Articles shall be applicable only to the invention
patent applications which are filed after one year from October 4, 2001, the effective date of theamendment to the Patent Law.   
Article 37
Under any of the following circumstances,  a patent examiner shall withdraw from
exercising his function:
1. The patent applicant, or the patent agent or a partner of the patent agent or a person
having an employment relation with the patent agent involved in the case is theexaminer himself or his (her) spouse, ex-spouse or fiancee (fiance);
2. The patent applicant or the patent agent involved in the case is related to the
examiner by consanguinity within the fourth  degree or by affinity within the third
degree or did have such relation with the examiner;
3. The patent applicant of the case involved and the examiner or his (her) spouse, ex-
spouse or fiancee (fiance) stand as joint obligees, joint obligors or debtors inrespect of the same patent case;
4. The examiner is or was the legal representative, the head or a member of the
family of the applicant in the case involved;
5. The examiner is or was an agent ad interim or assistant in litigation instituted by
the applicant in the case involved; and
6. The examiner is or was a witness, or a verification expert, or an opposition
petitioner, or a cancellation petitioner in the present case.
Where an examiner should but did not withdraw from exercising his function, the Patent
Authority may, ex officio
 or upon request, revoke the measure he took and take another appropriate
measure instead.
Article 38
Upon completion of examination of a patent application, a written decision shall be
rendered and issued to the applicant or his patent agent.IP/N/1/TPKM/I/1
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When a patent application is found not patentable, the reasons therefor shall be given in
the written decision of examination.
The written decisions of examination shall bear the name(s) of the patent examiner(s).
This requirement shall also apply to the written decisions of re-examination cases, opposition actions,cancellation actions and patent-term extension cases.
Article 39
Where the examination results reveal no reason to deny the patentability of an invention,
such invention shall be patented, and the claims and the drawings shall be published.
Any person may apply for access to the written decision of examination, specification,
drawings, Oath, and the entire file and information in connection with a specific patent applicationwhich has been allowed and published so as to read or to make hand, photographic or xerox copy ofthe relevant information thereof, except for the information which should be kept confidential by thePatent Authority in accordance with the law.
Article 40
In case of dissatisfaction with a rejection decision rendered for a patent application for an
invention, the applicant may, within thirty (30) days  from the day following the date of receipt of the
decision, apply for re-examination by submitting a statement of reasons.  If the application is rejectedon procedural grounds or on ground of the ineligibility of the applicant, the applicant may directlyappeal for an administrative remedy in accordance with the law.
If there is any reason to deny the patentability of an invention through the re-examination
proceedings, the Patent Authority shall, before rendering a re-examination decision, send to theapplicant a notice requesting that a response be made within a specified time limit.
Article 41
Any person who asserts that a published invention has violated any of the provisions of
Article 4, Articles 19 through 21, Paragraph Three or Fo ur of Article 22, or Article 27 of this Law, or
any interested party who asserts that a published invention is in contravention of the provisions ofArticle 5 or Article 30 of this Law may, within th ree (3) months from the publication date, institute an
opposition action with the Patent Authority by submitting a written opposition application togetherwith evidential documents.
Supplementary statement of reasons and evidence, if any, provided by the opposition
petitioner shall be submitted within one (1) month from the date on which the opposition action isinstituted.IP/N/1/TPKM/I/1
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Article 42
Upon receipt of a written opposition, the Patent Authority shall send a duplicate copy
thereof to the patent applicant or his patent agent.
The applicant of the patent application being opposed shall submit a statement of defense
within one (1) month from the day following the da te of his receipt of the duplicate copy of the
opposition.  Failure to submit the statement of defense by the time limit shall cause the proceedings ofopposition examination to be started without defense, unless an extension of the said time limit isgranted upon request by the patent applicant with good cause shown.
Article 43
For re-examination or opposition examination, the Patent Authority shall designate an
examiner who has not participated in the examin ation of the original application to conduct
examination and issue a written decision.
The written re-examination decision shall be delivered to the applicant.  A written
opposition decision shall be delivered to both the patent applicant and the opposition petitioner.
Article 44
When examining an invention patent application, the Patent Authority may, ex officio  or
upon request, notify the patent applicant or the oppos ition petitioner to do any of the following acts
within a specified time limit:
1. To appear before the Patent Authority for an interview; or2. To perform necessary experiment(s) or to supplement model(s) or sample(s).The Patent Authority may, when necessary, visit the site or a designated place for
inspection and observation of the experiments or models or samples under Item 2 of the precedingParagraph.
Article 44-1
The Patent Authority may, ex  officio , notify a patent applicant to make supplement or
amendment to the specifications and/or drawings within a specified time limit.
A patent applicant may, within 15 months from the day following the date of filing of
such invention patent application, make supplement or amendment to the specifications and/ordrawings.
After 15 months from the day following the date of filing the invention patent
application, a patent applicant may make supplement or amendment to the specification and/ordrawings only on the dates or during the periods as specified below:
1. At the same time of filing an application for substantive examination;IP/N/1/TPKM/I/1
Page 19
2. Within three months from the day following the service date of a notice of
substantive examination issued in respect of the patent application concerned, ifthe substantive examination application is filed by a person other than the patentapplicant;
3. During the time limit for response as specified in a notice given, by the Patent
Authority, in advance of its written reasons for rejection of the patent applicationconcerned;
4. At the time of filing an application for re-examination, or during the period fixed
for filing a supplemental statement of reasons for re-examination;
5. During the period for filing a defense to an opposition; or6. During the period for defense as specified in a notice issued by the Patent
Authority while conducting an ex officio
 examination.
The supplement or amendment made under the preceding three Paragraphs shall not
change the substance of the patent application.  Supplement or amendment can be made after therelevant patent application has been allowed and published only under any of the followingcircumstances:
1. Where the scope of claims is too broad;2. Where there is a mistake; or3. Where there is any obscurity in the statements.Where a priority claim is made under the provisions of Article 24 hereof, the period
specified in Paragraph Two under this Article 44-1 shall be calculated from the day following thepriority date.
Article 45
When the Patent Authority considers that it is necessary to initiate an examination, ex
officio, of an allowed and published patent application for an invention patent application, a notice
shall be given to the patent applicant requiring him to file a defense within one (1) month.  In the
absence of the defense after expiry of the said time limit, the examination shall be directly proceeded.In case the examination decision holds that the original decision shall be revoked, a written decisionshall be prepared and served to the applicant or his agent.
The written decision referred to in the preceding Paragraph shall bear the name of the
examiner.
Article 46
In case of dissatisfaction with the decision rendered upon re-examination, opposition
action or cancellation action, the party concerned may, within thirty (30) days from the day followingthe date of receipt of the decision, appeal for an administrative remedy in accordance with the law.IP/N/1/TPKM/I/1
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Article 47
An examination decision rendered for an allowed and published patent application for an
invention shall become irrevocable under any of the following circumstances:
1. If no opposition action is instituted upon expiry of the publication period;2. If an opposition action has been rejected by the Patent Authority on the ground of
procedural defect, and no action for administrative remedy is instituted thereafter,or the action for administrative remedy has been dismissed by an irrevocabledecision; and
3. If no action for administrative remedy is instituted after the decision is rendered on
an opposition action, or if an action for administrative remedy instituted thereafterhas been dismissed by an irrevocable decision.
Article 48
Where an invention is considered, in the process of examination, to be likely to affect the
national security, the specification of such invention shall be referred to the Ministry of NationalDefense for its opinions.  If it is deemed necessary to keep such invention confidential, the invention
shall not be published, and the documents included in the patent application package shall be sealedand kept in a secret file not accessible to the public.  In addition, a written decision to such effect shallbe made and served to the patent applicant, his patent agent and the inventor accordingly.
The patent applicant, his patent agent and the inventor shall keep the confidentiality of
the invention of the nature as described in the preceding Paragraph.  Upon violation of thisconfidentiality clause by any of the aforesaid partie s, the right to apply for patent for such invention
shall be deemed to have been waived.
The confidentiality period shall last for one year from the day following the date of
service of the written decision to the patent applicant and may be prolonged on a year-by-year basis.The Patent Authority shall, one month prior to the expiry of the confidentiality period, consult withthe Ministry of National Defense about the continuation of the confidentiality period.  If theconfidentiality requirement of a patent application is no longer necessary, such patent applicationshall be published.
The Government shall make appropriate compensation for any and all damages to be
sustained by the patent applicant during the confidentiality period.
In the case of dissatisfaction with the decision made under Paragraph One of this Article,
the applicant may appeal for an administrative remedy  within thirty (30) days from the day following
the date of service of the said decision.IP/N/1/TPKM/I/1
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Article 49
An invention patent application filed by the person entitled thereto in accordance with
Article 34 or Article 35 of this Law shall not be published again.
Section 4: Patent Right
Article 50
The invention of a patent application is provisionally allowed a patent right after its
allowance and publication.
When an examination decision rendered for an allowed and published invention patent
application has become irrevocable, the applicant shall be granted the invention patent right, effectivefrom the date of publication thereof, and the patent certificate shall be issued thereto.
An invention patent right shall endure for a term of twenty (20) years from the filing date
of the patent application.
The provisional patent right allowed under Paragraph One of this Article shall be deemed
non-existent ab initio
, if the patent application is not reject ed on account of procedural defect, or the
invention is deemed unpatentable by an irrevocable examination decision rendered in an opposition
action.
Article 51
In the case of invention patents covering pharmaceuticals, agrichemicals, or processes for
preparing the same, a patentee may apply for an exte nsion of his patent term for two (2) to five (5)
years, if, pursuant to other laws or regulations, a prior government approval must be secured topractice such patents, for which the processing exceeds two (2) years after the publication of thepatents.  Only one such extension shall be permitted provided, however, that the patent term extendedshall not exceed the length of time required for ob taining an approval from the central government
authority in charge of the enterprises.  In case the length of time required for obtaining an approvalexceeds five (5) years, the term of extension shall still be limited to five (5) years.
Any application for an extension of the term of a patent right must be filed with the
Patent Authority by submitting a written application together with supporting evidence within three(3) months from the date of the first government  approval involved provided, however, that no
extension application shall be filed within six (6) months prior to the expiration of the original patentterm.
To determine the term of extension of a patent under the preceding Paragraph, the Patent
Authority shall take into consideration the impact of the extension on the health of nationals ingeneral and shall prescribe the approving rules in conjunction with the central government authorityin charge of the  enterprises concerned.IP/N/1/TPKM/I/1
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Article 52
The Patent Authority shall designate examiner(s) to examine an invention patent
extension application and shall make a decision in writing and deliver the same to the patentee or his
patent agent.
In the case of dissatisfaction with the decision made under the preceding Paragraph, the
patentee may institute an appeal for administrativ e remedy within thirty (30) days from the day
following the date of receipt of such written decision.
Article 53
(deleted)
Article 54
Under any of the following circumstances, any person may file a cancellation action
together with relevant evidence with the Patent Au thority against the term extension of an invention
patent granted by the Patent Authority:
1. If it is not necessary to obtain a government approval for practicing the patented
new invention at issue;
2. If the patentee or his licensee has not obtained a government approval as required;3. If the approved term of extension exceeds the length of time in which the patented
invention can not be practiced;
4. If the patent extension application is filed by a person other than the patentee;5. If the patent right is jointly owned by  two or more persons, and the extension
application is not filed in the name of all co-owners;
6. In case the application for extension was based on the time spent in conducting
experiments or testing in a foreign country, the extended term allowed by thePatent Authority exceeds the duration recognized by the patent authority of suchforeign country; and
7. The time required for obtaining an approval is less than two years.After the extinguishment of a patent for which an extension was allowed, any person
who has a retroactive legal interest may still file a cancellation action against the grant of the patentterm extension.
If a cancellation action against the grant of a patent term extension has become
irrevocably sustained, the extended patent term originally granted shall become non-existing ab initio
.
However, if such cancellation action is irrevocably sustained on the grounds listed in Item (3) or Item
(6) of Paragraph One, only the exceeded term shall be deemed non-existing.IP/N/1/TPKM/I/1
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Article 55
When the Patent Authority acknowledges the existence of any of the events set forth in
Paragraph One of the preceding Article, it may, ex officio , revoke the extended term of the invention
patent right at issue.
When the revocation of the approved extension of the term of a patent right becomes
irrevocable, the originally approved extension shall be deemed not in existence ab initio ; however, if
the irrevocable revocation of extension is rendered as a result of violation of the provisions of Item 3or Item 6 of Paragraph One of the preceding Article, it shall be deemed no extension for the exceededduration.
Article 56
Unless otherwise provided for in this Law, the patentee of a patented article shall have
the exclusive right to exclude other persons from manufacturing, selling, using, or importing forabove purposes the patented article without his prior consent.
Unless otherwise provided for in this Law, the patentee of a patented process shall have
the exclusive right to preclude others from using such process and using, selling or importing forabove purposes the articles made through direct us e of the said manufacturing process without his
prior consent.
The scope of an invention patent right shall be determined based on the claim(s) set forth
in the specification of the invention.  If necessary, the specification and drawings of the invention may
be used as reference.
Article 57
The effect of an invention patent right shall not extend to any of the following matters:
1. Where the invention is put into practice for research, educational or experimental
purposes only, with no profit-seeking acts  involved therein;
2. Where, prior to filing for patent, the invention has been used in this country, or
where all necessary preparations have been completed for such purpose; provided,however, that this provision shall not ap ply where knowledge of the manufacturing
method was obtained from the patent applicant within six (6) months prior toapplying for patent and, in addition, the patent applicant has made a statementconcerning the reservation of his patent right therein;
3. Where the article has already been in existence in this country prior to applying for
patent;
4. Where the article is simply a vehicle or a device thereof that passes the territory of
this country;IP/N/1/TPKM/I/1
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5. Where, in the case of revocation of the patent right acquired by a person other than
the one entitled thereto as a result of a cancellation action filed by the patentee, thelicensee has, prior to the revocation of the patent involved, used the patent in goodfaith or completed all necessary preparations therefor in this country; and
6. Where the patented articles manufactured by the patentee or under the consent of
the patentee are put to use or resold after the sale thereof.  The aforesaidmanufacture and sale are not limited to those committed in this country.
The user referred to in Items 2 and 5 of the preceding Paragraph shall confine his
continued use of the invention to his original enterprise exclusively.  The areas in which sale can bemade under Item 6 of the preceding Paragraph shall be determined based on the facts by the court.
The licensee of the patent right having been revoked as a result of a cancellation action,
as referred to in Item 5 of the first Paragraph , shall pay the patentee a royalty from the date ofreceiving the written notification from the patentee, provided that the licensee continues to practicethe patent after the revocation of patent as mentioned above.
Article 58
For medicines manufactured by concocting two or more medicines or the concocting
process itself, the patent right shall not cover prescriptions made by physicians or the medicinesprepared in accordance with such prescriptions.
Article 59
The assignment, entrustment or license made by the patentee of the patent right of an
invention to another person to practice the invention shall not be asserted against any third party,unless it has been registered with the Patent Authority.
Article 60
An assignment or a licensing of an invention patent shall not take effect if the contract
therefor contains any of the following circumstances which will give rise to unfair competition:
1. To prohibit or restrict the assignee from using any specific object or process not
furnished by the assignor or licensor; and
2. To require the assignee to purchase from the assignor products or raw materials
not under patent protection.
Article 61
In the case of the joint-ownership of an invention patent, other than the practice of the
patent by the joint-owners themselves, the patent shall not be assigned or licensed to others forIP/N/1/TPKM/I/1
Page 25
practice without the consent of all joint-owners.  If, however, there is an agreement providing
otherwise, such agreement shall govern.
Article 62
A joint-owner of an invention patent shall not assign or entrust his share thereof to
another person or create a pledge over the same patent, without the consent of all the other joint-owners.
Article 63
In the case of an assignment or trust of an invention patent, a written application
executed by all parties concerned together with evidential documents shall be submitted to the PatentAuthority for the issuance of a replacement patent certificate.
Article 64
In the case of the creation, change or extinguishment of a pledge over an invention
patent, a written application executed by all parties concerned together with the evidential documentsshall be submitted to the Patent Authority for recordation; there shall have no locus standi
 against any
third party in the absence of the recordation.
Article 65
In the case of an inheritance of an invention patent, a written application together with
the documentary evidence shall be submitted to the Patent Authority for the issuance of a replacementpatent certificate.
Article 66
An invention patentee who has suffered damages as a result of war between the Republic
of China and a foreign country may apply for a prolongation of the term of his patent for five to tenyears, and only one such prolongation shall be permitted; provided, however, that this provision shallnot apply if the patentee is a national of the belligerent.
Article 67
Under any of the following circumstances, an  invention patentee may file an application
with the Patent Authority to make correction(s) in the allowed specification and drawings, providedthat such correction(s) shall cause no ch anges in the substance of the invention:
1. Where the scope of the claims is too broad;2. Where there is a mistake; and3. Where there is any obscurity in the statements.IP/N/1/TPKM/I/1
Page 26
Upon the approval of the correction(s) made in accordance with the preceding Paragraph,
the Patent Authority shall publish the reasons for such correction(s) in the Patent Gazette.
The validity of the correction(s) to the scope of claims, the specification and/or drawings
shall, upon publication, be retroactive to the filing date of the patent application concerned.
Article 68
An invention patentee who has filed one applic ation covering two or more inventions and
has acquired a patent therefor, may file an application with the Patent Authority for dividing thepatent into separate patents.
Article 69
An invention patentee shall not abandon his patent right or file any application as
provided in the preceding two Articles withou t the consent of the licensee or the pledgee.
Article 70
An invention patent shall extinguish ipso facto  if there exists any of the circumstances
prescribed below:
1. In the case of expiration of a patent term, on the day immediately following the
date of its expiration;
2. In the case of death of the patentee without an heir, on the date the patent right
accrues to the Treasury as provided for in Article 1,185 of the Civil Code;
3. In the case of the patentee's failure of effecting the late payment of a patent annual
fee within the grace period for such payment, on the day immediately followingthe expiration of the original statutory period for such payment; except for thepatent right to be reinstated under Paragraph Two, Article 18 of this Law; and
4.   In the case of voluntary abandonment of a patent right, on the date of the patentee's
written declaration to such effect.
In the case of failure to effect the payment of the first year annual fee and the patent
certificate fee before the expiry of the grace period for late payment, the patent right shall be deemednon-existent ab initio.
Article 71
Under any of the following circumstances, an invention patent right shall be revoked and
the patent certificate recalled within a given time limit by the Patent Authority ex officio  and if
recalling fails, an announcement for annulment of the patent certificate shall be published:
1. If the invention is found in violation of the provisions of Articles 19 through 21 or
Article 27 of this Law;IP/N/1/TPKM/I/1
Page 27
2. If the invention patentee is found being a person other than the person entitled to
file the invention patent application;
3. If there is an omission of any particulars essential for practicing the invention, or if
any unnecessary particulars are made in the specification and/or the drawings, thusrendering it impractical or difficult for practicing the invention; and
4. If the descriptions made in the specification are not the true methods of the
invention.
Article 72
A cancellation action based on Item 2 of the preceding Article shall be instituted only by
the person entitled to file the patent application.  Cancellation actions based on reasons prescribed inother Items of the preceding Article may be instituted with the Patent Authority by any person,accompanied by relevant evidence.
Where an opposition action or a cancellation action referred to in the preceding
Paragraph is not sustained after examination, no person shall be allowed to institute a newcancellation action based on the same facts and the same evidence.
An interested party may institute a cancellation action after the patent has expired or
extinguished ipso facto
 if he has reinstatable legitimate interests as a result of the revocation of the
patent.
Supplemental submission of reasons and evidence by a cancellation petitioner shall be
effected within one (1) month from the date of institution of cancellation action.
Article 73
Provisions of Articles 42 through 44-1 of this Law shall apply mutatis mutandis  to the
cancellation actions instituted under Article 54 and the preceding Article.
Article 74
Under any of the following circumstances, the revocation of an invention patent right
shall become irrevocable:
1. No administrative remedy has been sought for in accordance with the law; and2. Where an irrevocable decision on dismissal of the action instituted for
administrative remedy is rendered.
The effect of an irrevocably-revoked invention patent shall be deemed non-existent ab
initio.
Article 75
(deleted)IP/N/1/TPKM/I/1
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Article 76
In the case of the allowance, change, extension, prolongation, assignment, trust,
licensing, compulsory licensing, revocation, extinguishments or pledging of an invention patent aswell as other matters which shall be published, the Patent Authority shall effect publication in thePatent Gazette.
Article 77
The Patent Authority shall establish and maintain a register of patents, in which the title
of the granted invention, the term of patent, the name and address of the patentee and his patent agent,and all other matters related to patent right and required by the law shall be registered.
The patent register set forth in the preceding Paragraph shall be made available to the
public for reading and making copies by hand, photographic and xerox copy.
Section 5: Practicing
Article 78
In the case of national emergencies or of non-profit-seeking use of a patent for the
enhancement of public welfare, or in the case of an applicant's failure of reaching a licensingagreement with the patentee concerned under reasonable commercial terms and conditions within aconsiderable period of time, the Patent Authority may, upon application by the applicant, grant acompulsory license to the applicant to put the patented invention into practice provided such practiceshall be restricted mainly to the purpose of satisfying the requirements of domestic market. However,compulsory licensing of patents covering semiconductor chip technology shall be allowed only incase of a non-profit-seeking use to enhance the public benefit.
In the absence of the situations set forth in the preceding Paragraph, the Patent Authority
may, upon request, grant to an applicant a compulsory licensing to practice the patent if the patenteehas committed unfair competition as confirmed through a judicial judgment or by the Fair TradeCommission of the Executive Yuan.
Upon receipt of a written application for such compulsory license, the Patent Authority
shall send a duplicate copy thereof to the patentee, requesting that a defense statement be filed withinthree (3) months.  If no defense statement is filed within the specified time limit, the Patent Authoritymay decide the matter on its own authority.
The right of compulsory licensing shall not preclude other persons from obtaining the
right to practice the same patented invention.IP/N/1/TPKM/I/1
Page 29
The grantee of the compulsory license shall pay to the patentee an appropriate
compensation.  In the case of dispute over the amount of such compensation, the amount shall bedecided by the Patent Authority.
The right of compulsory license shall not be subject to assignment, trust, inheritance,
licensing or pledge creation unless it is assigned together with the business pertaining to thecompulsory license.
Upon termination of the cause for granting the compulsory licensing, the Patent
Authorities may, upon request, terminate the compulsory licensing grant.
Article 79
If the person ,who under the provisions of previous Article has been granted a
compulsory licensing, has violated the purpose(s) for granting the compulsory licensing, the PatentAuthorities may, upon request by the patentee or on its own initiate, revoke such compulsorylicensing grant.
Article 80
The patentee of a reinvention as provided for in Article 29 of this Law shall not practice
his patented invention without the consent of the patentee of the original invention.
Where the product manufactured in accordance with a patented manufacturing process is
under a product patent granted to others, the owner of such process patent shall not put his processinvention into practice without the consent of the product patentee.
The patentee of the reinvention or the process patent, as referred to in the preceding two
Paragraphs, may reach with the owner of the original patent or the product patent an agreementconcerning a cross licensing arrangement so as to practice the inventions involved.
If  the cross licensing arrangement prescribed in the preceding Item cannot be reached,
the owner of the reinvention patent and that of th e original patent, or the owner of the manufacturing
method patent and that of the product patent may a pply for compulsory patent licensing in accordance
with Article 78 of this Law. However, the owner of  a reinvention patent or that of a manufacturing
method patent shall be allowed only if the technologies disclosed in the reinvention patent or themanufacturing method patent must, as compared wi th the technology involve important technical
improvements, which is with considerable economic significance.
The compulsory patent licensing right granted to the owner of a reinvention patent or the
owner of a manufacturing process patent or the owner of a manufacturing process patent shall beallowed for assignment, trust, inheritance, licensing or pledge creation only when it is transactedtogether with the patent right.IP/N/1/TPKM/I/1
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Article 81
In the event of dissatisfaction with the granting of a compulsory license under Article 78
and revocation of a compulsory license under Article 79 of this Law, the party concerned in such casemay institute an action seeking administrative remedy in accordance with the law.
Article 82
An invention patentee shall mark the serial number of patent certificate to his patented
article or the packaging thereof, and may require his licensee or the grantee of compulsory license todo the same.  In case of failure to affix such marking, no claim for damages shall be allowed.However, if the infringer has known, or demons trably has means to know, of the patent, this
restriction does not apply.
Article 83
An advertisement made by an invention patentee or his licensee or the grantee of
compulsory license shall not go beyond the scope of the allowed claims.
For articles other than ones under patent protection or those manufactured by a patented
process, no affixation of any wording or marking indicating that the article has been granted a patent,or by which the article shall be misunderstood by others as patented, can be made on theadvertisements, publications articles, or packaging thereof.
Section 6: Fees
Article 84
In respect of any and all applications concerning invention patents, applicants shall pay a
fee at the time of filing each of such applications.
For an allowed patent, the invention patentee shall pay a patent certificate fee and annual
fees.  In the case of an approval for an extension or prolongation of patent term, annual fees shall stillbe paid during the extended or prolonged patent term.
The amount of application fee, patent certificate fee and annual fees shall be prescribed
by the Ministry of Economic Affairs.
Article 85
The annual fee for an invention patent shall be paid commencing on the publication date.
The Patent Authority shall, after the decision of granting a patent right has become irrevocable, notifythe applicant to pay the annual fee for the first ye ar within a specified time limit.  Payment of the
annual fee for each of the following years shall be  made prior to the anniversary of the publication
date.IP/N/1/TPKM/I/1
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The annual fees for several years may be paid at one time.  Under such circumstance, if
the annual fee rate is adjusted upwardly, the patentee concerned will not be required to pay the deficit.
Article 86
Payment of the annual fee for an invention patent may be effected by any person.  In case
the annual fee due is not paid within the regulatory period for payment of patent annual fee, it may bepaid later within six (6) months after expiry of th e said regulatory period provided that the amount of
late payment shall be twice as much as the regular amount of annual fee.
Article 87
Where a patentee or his heir is financially incapable to effect the patent annual fee
payment, he may file an application with the Pa tent Authority for a reduction or exemption thereof.
Regulations governing reduction and exemption of patent annual fees shall be prescribed by theMinistry of Economic Affairs.
Section 7: Indemnity for Damages and Litigation
Article 88
In the event of patent infringement on an invention patent, the patentee may claim for
damages and demand the removal of the infringement and the prevention of any threat ofinfringement.
An exclusive licensee may also make the claim or demand set forth in the preceding
Paragraph provided that the patentee elects not to make such claim or demand after having beennotified, and that nothing in the license agreement precludes the licensee to do so.
When an invention patentee or exclusive licensee seeks the remedies pursuant to the
preceding two Paragraphs, he may request for destruction of the infringing products or raw materialsor items used in infringing the patent, or request for other necessary disposal.
The right to claim provided in this Article shall become extinguished if not exercised
within two (2) years from the time the patentee is awar e of the infringement act and the identity of the
obligator for the damages, or within ten (10)  years from the time of the infringement act.
When the inventor's right to indicate his name is infringed, he may request a ruling to
indicate the inventor's name or other necessary measures to recover his reputation.
Article 89
In claiming for damages in accordance with the preceding Article, any of the following
options may be adopted to calculate the amount of damages:IP/N/1/TPKM/I/1
Page 32
1. To claim in accordance with Article 216 of the Civil Code.  A patentee may,
however, take the balance derived by subtracting the profit earned through thepractice of his patent after the existence of infringement from the profit normallyexpected through the practice of the same patent as the amount of the damages,provided that no proving method can be presented to justify the damages;
2. To claim based on the profit earned by the infringer as a result of his infringement
act.  The entire income derived from the sale of the infringing articles shall bedeemed the infringer's profit, provided that  the infringer is unable to produce proof
to justify his costs or necessary expenses; and
3. To claim based on the amount to be estimated by the Patent Authority or a
professional entrusted by the court.
In addition to the provisions set forth in the preceding Paragraph, the patentee may claim
separately for damages at a reasonable amount in case the business reputation of the patentee has beendetracted or harmed as a result of the infringement.
Subject to the provisions of the preceding two Paragraphs, if the infringement is found to
be an intentional act, the court may, after cons idering the facts of the infringement, decide the
compensation in an amount higher than the amount of damages estimated, but not more than triple thedamages.
Article 90
Any article(s) used in an act of patent infringement or produced by such an act may,
upon the application of the injured party to the court,  be provisionally seized to serve as the whole or
a part of compensation for the damages as may be awarded by judgment.
When the injured party instituted an action claiming for damages under the preceding
Article and applying for provisional seizure, the court shall allow procedural relief in accordance withthe Code of Civil Procedure.
Article 91
Where an article which is made by using a patented manufacturing process has never
been seen in this country or outside of the country before the filing of a patent application for the saidmanufacturing process, an article(s) identical thereto made by another person shall be inferred ashaving been manufactured by using the said manufacturing process.
The presumption made under the preceding Paragraph may be overruled by producing
rebuttal evidence. If a defendant has proved that the method used by him in manufacturing theproducts is different from the defendant has produced rebuttal evidence. The legal right and interestsin the manufacturing process and trade secret, as disclosed by the defendant, shall be fully protected.IP/N/1/TPKM/I/1
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Article 92
With regard to a litigation involving an invention patent, the court shall send to the
Patent Authority one original copy of the judgment rendered by it.
Article 93
The injured party may, after an irrevocable favorable judgment is rendered, request the
court to issue a ruling for publishing in a newspaper th e judgment in full or in part, at the expenses of
the losing party.
Article 94
For any civil or criminal proceedings pending in court in connection with an invention
patent, the court may suspend the investigation or trial process until a decision on the patentapplication, or opposition, cancellation, or revocation action related thereto has become irrevocable.
Article 95
A non-recognized foreign juristic person or entity may file a complaint, institute a private
prosecution or institute a civil action in respect of the matters prescribed in this Law, provided,however, that the nationals or entities of the Republic of China are entitled to such rights in saidforeign country under a treaty, or the national laws, ordinances or customary practices of said foreigncountry.  A patent protection agreement between an ROC entity or organization and a foreign entity ororganization and duly approved by the Ministry of  Economic Affairs shall have the same effect.
Article 96
The court may set up a professional tribunal or designate specific persons to handle
invention patent litigation cases.
Chapter III
New Utility Model Patent
Article 97
The term "new utility model" as used herein refers to a creation or an improvement
which has been made in respect of the form, construction or fitting of an object.IP/N/1/TPKM/I/1
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Article 98
Any new utility model which is industrially applicable and is free from any of the
following conditions may obtain a patent therefor upon application in accordance with this Law:
1. Which, prior to applying for patent, has been published or put into public use
provided, however, that this provision shall not apply where such publication oruse has been made for research or experimental purpose and application for a newutility model patent is filed therefor within six (6) months from the date of suchpublication or use;
2. Which, prior to applying for patent, has been displayed in an exhibition, except in
the case where the new utility model is displayed in a government-sponsored orrecognized exhibition, and a patent application has been filed therefor within six(6) months from the opening date of such exhibition.
A new utility model not subject to one of the conditions listed in the preceding Paragraph
shall still not be granted a patent if it simply utilizes conventional technology or knowledge knownprior to applying for patent, can be accomplished easily by persons skilled in the art and makes noimprovement in effectiveness.
An applicant claiming the application of the proviso of Item 1 or Item 2, Paragraph one
of this Article shall indicate the facts and the relevant date(s) in his application, and submit evidentialdocuments within the time limit specified by the Patent Authority.
Article 98-1
Where the contents of a new utility model claimed in a patent application are identical
with the contents described in the specification and drawings submitted along with an application forinvention or new utility model patent that is filed prior to but laid-open or published after the filing ofthe present patent application, no new utility model patent may be granted to the new utility model,except when the applicant(s) of the present application is (are) the same applicant(s) of such priorinvention or new utility model patent application.
Article 99
The following items shall not be granted new utility model patents:
1. A new utility model which is contrary to public order, good custom or sanitation;
and
2. A new utility model which is identical with or similar to that of a political party
flag, the national flag, the military flags, the national emblem or any governmentmedal.IP/N/1/TPKM/I/1
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Article 100
The new utility model of a patent application is provisionally allowed a patent right after
its allowance and publication.
When an examination decision rendered for an allowed and published new utility model
patent application has become irrevocable, the applicant shall be granted the new utility model patentright, effective from the date of publication thereof, and a patent certificate shall be issued thereto.
A new utility model patent right shall endure for a term of twelve (12) years from the
filing date of the patent application.
The provisional patent right allowed under Paragraph One of this Article shall be deemed
non-existent ab initio
, if the patent application is rejected on account of procedural defect, or the new
utility model is deemed not patentable by an irrevocable examination decision rendered in anopposition action.
Article 101
Where an application originally filed for an invention or a new design patent protection
is converted into a new utility model patent application or where an application originally filed for anew utility model is converted into an invention patent application, the filing date of the originalpatent application shall be taken as the filing date of the converted patent application, provided,however, that if the application for patent conversion is filed beyond thirty (30) days from the dayfollowing the date of receipt of the written decision on the original patent application, the conversiondate shall be taken as the filing date of the converted application.
Article 102
Any person who asserts that a published new utility model has violated any of the
provisions of Article 4 or the provisions of Article 105 applied mutatis mutandis  to the provisions of
Paragraph Three or Paragraph Four of Article 22, Article 27 or Articles 97 through 99 of this Law, orany interested party who asserts that a published new utility model is in contravention of theprovisions of Article 5 or the provisions of Article 105 applied mutatis mutandis
 to the provisions of
Article 30 of this Law, may, within three (3) months from the date of publication, institute anopposition action with the Patent Authority by submitting a written opposition application togetherwith evidential documents.
Supplementary statement of reasons and evidence, if any, to be provided by the
opposition petitioner shall be submitted within one (1) month from the date on which the oppositionaction is instituted.IP/N/1/TPKM/I/1
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Article 102-1
When examining a new utility model patent application, the Patent Authority may, ex
officio or upon request, notify the applicant or the opposition petitioner to do any of the following acts
within a specified time limit:
1. To appear before the Patent Authority for an interview;2. To perform necessary experiments or to supplement model(s) or sample(s); or3. To supplement or amend specification or drawings.
The Patent Authority may, when necessary, visit the site or a designated place for
inspection and observation of the experiments, or models or samples under Item 2 of the precedingParagraph.
The supplement or amendment made under Item 3 of Paragraph 1 of this Article shall not
change the substance of the relevant patent application.  Supplement or amendment can be made afterthe patent application has been allowed and publishe d only when any of the following circumstances
exists:
1. where the scope of claims is too broad;2. where there is a mistake; or3. where there is any obscurity in the statements.
Article 103
Unless otherwise provided for in this Law, the patentee of a new utility model shall have
the exclusive right to preclude other persons from manufacturing, selling, using, or importing forabove purposes the patented products without his prior consent.
The scope of a new utility model patent shall be determined based on the claim(s) set
forth in the specification of the patented new utility model.  If necessary, the specification anddrawings of the new utility model may be used as reference.
Article 104
Under any of the following circumstances, a new utility model patent right shall be
revoked and the patent certificate recalled within a given time limit by the Patent Authority ex officio
and if recalling fails, an announcement for annulment of the patent certificate shall be published:
1. If the new utility model is found in violation of the provisions of Article 27
applied mutatis mutandis  to  Article 105 or of Articles 97 through 99 of this Law;
2. If the new utility model patentee is found being a person other than the person
entitled to file the new utility model patent application; and
3. If there is an omission of any particulars essential to the practice of the new utility
model, or if any unnecessary particulars are made in the specification and/or theIP/N/1/TPKM/I/1
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drawings, thus rendering it impractical or difficult to practice the new utility
model.
Article 105
The provisions of Articles 22 through 25, Articles 27 through 30, Item 1 of Article 31,
Articles 32 through 40, Articles 42 through 49, Articl e 57, Articles 59 through 65, Articles 67 through
70, and Articles 72 through 77, Paragraphs One and Three of Article 80, Articles 82 through 90,Articles 92 through 96 of this Law shall apply mutatis mutandis
 to new utility model patents.
Article 105-1
The provisions of Article 25-1 of this Law shall apply mutatis mutandis  to new utility
model patents.
The provisions of Articles 42, 43 and 102-1 of this Law shall apply mutatis mutandis  to
the handling of cancellation actions against new utility model patents.
The provisions of Articles 36-1 through 36-6, and Articles 44, 44-1 and 73 of this Law
shall not apply mutatis mutandis  to new utility model patents.
Chapter IV
New Design Patent
Article 106
The term "new design" as used herein refers to a creation made in respect of the shape,
pattern, color, or their combination of an article and through appealing to eyes.
The term "associated new design" as used herein refers to a creation made by a person,
which creation originated from and is similar to an original new design by the same person.
Article 107
Any new design which is industrially applicable and is free from any of the following
conditions may obtain a new design patent therefor  upon application in accordance with this Law:
1. Which, prior to applying for patent, is preceded by an identical or similar new
design already published or put to public use, provided that this provision shall notapply where such publication or use has been made for research or experimentalpurposes and application for a new design patent is filed therefor within six (6)months from the date of such publication or use;IP/N/1/TPKM/I/1
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2. Which, prior to applying for patent, has been displayed in an exhibition, except in
the case where the new design is displayed in a government-sponsored orrecognized exhibition, and a patent application has been filed therefor within six(6) months from the opening date of such exhibition.
A new design not subject to any of the conditions listed in the preceding Paragraph shall
still not be granted a new design patent under this law if it can easily be conceived by persons skilledin the art.
If one applies for a patent on a new design similar to another new design by the same
person, an associated new design patent without being subject to the restrictions under the precedingtwo Paragraphs shall be granted, except that if, prior to the filing of the original new design patentapplication, another new design identical or similar to such associated new design has been published,put to public use or displayed in an exhibition, no associated new design patent should be grantedunder this law.
No application for an associated new design patent may be filed if the new design
involved is similar to another associated new design already filed by the same person.
An applicant claiming the application of the proviso of Item 1 or Item 2, Paragraph 1 of
this Article shall indicate the facts and the relevant date(s) in his/her application, and submitevidential documents within the time limit specified by the Patent Authority.
Article 107-1
Where a new design claimed in a patent application is identical with or similar to the
contents described in the specification or drawings submitted along with an application for newdesign patent filed prior to but published after the filing of the present patent application, no newdesign patent may be granted to the new design, except that the applicant(s) of the present applicationis (are) the same applicant(s) of such prior new design patent application.
Article 108
The following items shall not be granted new design patents:
1. An article of which the design is solely dictated by the function of the said article;2. A fine arts creation or work;3. Layout of integrated circuits and/or electronic circuits;4. An article which is contrary to public order or good custom or sanitation; and5. An article of which the design is identical with or similar to that of a political party
flag, the national flag, a portrait of the Father of the Republic of China, thenational emblem, the military flags, an official seal or any government medal.IP/N/1/TPKM/I/1
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Article 109
The new design of a patent application is provisionally allowed a patent right after its
allowance and publication.
Where an examination decision rendered for an allowed and published new design patent
application has become irrevocable, the applicant shall be granted the new design patent right,effective from the date of publication thereof, and a patent certificate shall be issued thereto.
A new design patent right shall expire twelve(12) years from the filing date of the patent
application; the duration of an associated new design patent shall expire simultaneously with itsoriginal new design patent.
The provisional patent right allowed under Paragraph One of this Article shall be deemed
non-existent ab initio
, if the patent application is rejected  on account of procedural defect, or the new
design is deemed not patentable by an irrevocable examination decision rendered in an oppositionaction.
Article 110
Where an application originally filed for new utility model patent is converted into a new
design patent application, the filing date of the original new utility model patent application shall betaken as the filing date of the new design patent application, provided that if the application for patentconversion is filed beyond thirty (30) days from the day following the date of receipt of the writtendecision on the original patent application, the conversion date shall be taken as the filing date of theconverted application.
Article 111
Where an application originally filed for independent new design patent is converted into
an associated new design patent application, or an application originally filed for associated newdesign patent is converted into an independent new design patent application, the filing date of theoriginal patent application shall be taken as the filing date of the converted patent application,provided that if the application for patent conversion is filed beyond thirty (30) days from the dayfollowing the date of receipt of the written decision on the original patent application, the conversiondate shall be taken as the filing date of the converted patent application.
Article 112
Application for a new design patent shall be filed by the person entitled to file the patent
application by submitting to the Patent Authority a written application accompanied by a specificationand drawings and an Oath.  The specification shall contain a claim with the scope thereof clearlydefined.IP/N/1/TPKM/I/1
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Where the person entitled to file a patent application is an employer, assignee or heir, the
name of the creator shall be indicated in the application, and the document evidencing theemployment, assignment or inheritance shall be submitted along with the application.
The specification and drawings under Paragraph 1 of this Article shall specify the claim,
the usage of articles, and characteristics of the creation of the articles to which the new design isapplied so that persons skilled in the art can understand the content thereof and put it into practice.
Article 113
When filing a new design patent application, the date on which the government fee, the
written application and the specification and drawings prescribed in the first Paragraph of thepreceding Article are submitted to the Patent Authority shall be taken as the filing date.  For thespecification and drawings submitted in a foreign language, the Chinese translations thereof shall besubmitted within the time limit  set by the Patent Authority; and the date on which the Chinesetranslations are submitted shall be taken as the filing date of the application, provided that thesubmission of Chinese translations has been ma de before an administrative measure is taken.
Article 114
A new design patent application shall designate the article to which the new design is
applied.
Article 115
Any person who asserts that a published new design violates the provisions of Article 4,
Articles 106 through 108, Paragraph Three of Article 112, or Article 122 applied  mutatis mutandis  to
the provisions of Article 27 , or any interested party who asserts that a published new design is incontravention with the provisions of Article 5 of this Law, may, within three (3) months from thepublication date, institute an opposition action with the Patent Authority by submitting a writtenopposition application together with evidential documents.
Supplementary statement of reasons and evidence, if any, provided by the opposition
petitioner shall be submitted within one (1) month from the date on which the opposition action isinstituted.
Article 116
When examining an application for a new design, the Patent Authority may, ex officio  or
upon request, notify the applicant or the opposition petitioner to do any of the following acts within a
specified time limit:
1. To appear before the Patent Authority for an interview;2. To submit models or samples;IP/N/1/TPKM/I/1
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3. To supplement or amend the specifications or drawings.
The Patent Authority may, when necessary, visit the site or  a designated place for
inspection and observation of the models or samples which are required to be submitted under Item 2of the preceding Paragraph.
The supplement or amendment required under Item 3 of Paragraph One above shall not
change the substance of the patent application.  The supplement or amendment can be made after thenew design patent application has been allowed and published only under any of the followingcircumstances:
1. Where there is a mistake; or
2. Where there is any obscurity in the statements.
Article 117
Unless otherwise provided for in this Law, the patentee of a new design patent shall have
the exclusive right, in respect of the article designated by him for the application of the new design, toexclude  others from manufacturing, selling, using or importing for above purposes products that areidentical with or similar to the article claimed in the new design patent without his prior consent.
The scope of the new design patent right shall be determined based on the claim set forth
in the specification of the new design.  If necessary, the description of the new design in thespecification may be used as a reference.
Article 117-1
The patent right of an associated new design is attached to that of the original new
design.  An associated new design shall not make any claim separately, nor shall its effect be extendedto the scope of similarity.
The patent right of an associated new design shall be revoked or annulled concurrently
with the revocation or annulment of the patent right of the original new design.
Article 118
The effect of a new design patent right shall not extend to any of the following matters:
1. Where the new design is put into practice for the purposes of research, teaching or
experiment without any profit-seeking acts ;
2. Where, prior to the patent application, the new design article has been put into use in
this country, or where all necessary preparations have been completed for suchpurpose; with the exception that the information of the new design was obtainedfrom the patent applicant within six (6) months prior to the patent application and,that the patent applicant has made a statement to reserve its patent right therein;IP/N/1/TPKM/I/1
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3. Where the article has already been in existence in this country prior to the patent
application;
4. Where the article is simply a vehicle or a device thereof that passes the territory of
this country;
5. Where a licensee has used the new design or has completed the necessary
preparations for the use in good faith in this country prior to the revocation of thepatent right, which is obtained by a person who is not entitled to apply for patent,as a result of a cancellation action filed by the patentee; and
6. Where the patented articles manufactured by the patentee or under the consent of the
patentee are put to use or resold after the sale thereof.  The aforesaid manufactureand sale are not limited to the manufacture and sale in this country only.
The user referred to in Items 2 and 5 of the preceding Paragraph may continue using the
new design only in its original enterprise.  The areas in which sale can be made under Item 6 of thepreceding Paragraph shall be determined based on the facts by the court.
Article 118-1
If  the licensee referred to in Item 5 of Paragraph One of the preceding Article continues
to put the new design into practice after the patent right is revoked as a result of the cancellationaction filed by the patentee, the licensee shall pay the patentee a reasonable royalty from the date onwhich it receives the patentee's written notice.
Article 119
A new design patentee may assign, entrust or license the new design patent to others for
putting the new design into practice in respect of the articles designated for application thereof, andsuch assignment, trust or licensing may not be asserted against any third party, unless having beenregistered with the Patent Authority.  An associated new design shall not be separately assigned,entrusted or licensed.
Article 120
A patentee may file an application with the Patent Authority for correcting any mistake
or obscure statement contained in the specification and drawings of the granted new design patent.
Upon the approval of the correction(s) made in accordance with the preceding Paragraph,
the Patent Authority shall publish the reasons for such correction(s) in the Patent Gazette.IP/N/1/TPKM/I/1
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Article 121
Under any of the following circumstances, a new design patent right shall be revoked and
the patent certificate recalled within a given time limit by the Patent Authority ex officio  and if a
recall fails, an announcement for annulment of the patent certificate at issue shall be published:
1. If the new design is in violation of the provisions of Article 106 through Article 108,
or the provisions of Article 122 applied  mutatis mutandis to  the provisions of Article
27; or
2. If the new design patentee is not the person entitled to file the new design patent
application.
Article 122
The provisions of Article 24, Article 25, Article 27, the forepart of Article 31, Article 32,
Article 34 through Article 40, Arti cle 42, Article 43, Article 45 throug h Article 47, Article 49, Article
60 through Article 65, Article 68 through Article 70, Article 72 through Article 74, Article 76, Article77, Article 82 through Article 90, and Article 92 through Article 96 shall apply mutatis mutandis
 to
new design patents.
The period specified in Paragraph One of Article 24 shall be six (6) months in the case of
new design patent applications.
Article 122-1
The provisions of Article 42, Article 43 and Article 116 shall apply mutatis mutandis to
the handling of cancellation actions against new design patents.
Article 36-1 through Article 36-6 and Article 73 shall not apply mutatis mutandis to any
new design patent.
Chapter V
Penal Provisions
Article 123
(Deleted)
Article 124
(Deleted)IP/N/1/TPKM/I/1
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Article 125
Any person who manufactures an article covered by a new utility model patent without
prior consent of the patentee thereof, thereby causing an infringement on the patent right, shall bepunished with imprisonment, not exceeding two (2) years, or detention, or in lieu thereof or in
addition thereto a fine not exceeding one hundred and fifty thousand New Taiwan Dollars(NT$150,000).
Article 126
Any person who manufactures an article covered by a new design patent without prior
consent of the patentee thereof, thereby causing an infringement on the patent right, shall be punishedwith imprisonment, not exceeding one (1) year, or detention, or in lieu thereof or in addition thereto afine not exceeding sixty thousa nd New Taiwan Dollars (NT$60,000).
Article 127
(Deleted)
Article 128
Any person who knows that an article has been manufactured without prior consent of
the new utility model patentee and sells or exhibits or imports with intent to sell such an article, shallbe punished with imprisonment, not exceeding six (6) months, detention, or in lieu thereof or inaddition thereto a fine not exceeding thirty thousand New Taiwan Dollars (NT$30,000).
Article 129
Any person who knows that an article has been manufactured without prior consent of
the new design patentee and sells or exhibits or imports with intent to sell such an article, shall bepunished with detention, or in lieu thereof or in addition thereto a fine not exceeding fifteen thousandNew Taiwan Dollars (NT$15,000).
Article 130
Any person who violates the provisions of Article 83 of this Law shall be punished with
imprisonment, not exceeding six (6) months, or detention, or in lieu thereof or in addition thereto afine not exceeding fifty thousand New Taiwan Dollars (NT$50,000).
Article 131
Except for the crime specified in Article 130, other offenses specified in this Chapter
shall be offenses prosecutable upon complaint.IP/N/1/TPKM/I/1
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A patentee who institutes a complaint under Article 125 and Article 126, shall submit
along with its complaint a comparison and analysis report on the alleged infringement of his patent.
When the judge, prosecutor and judicial police have good reason to believe that it is
necessary to conduct a search and seizure, they sh all exercise due care regarding the reputation and
property right of the defendant or the suspected offender and shall handle the case with propermeasures in the principle of proportion.
Article 131-1
The Judicial Yuan and the Executive Yuan shall coordinate with each other in appointing
professional institutions for infringement verification.
A court or a prosecutor that handles a legal action regarding a patent may engage the
professional institutions referred to in the preceding Paragraph to conduct verification of a patentinfringement.
Chapter VI
Addendum
Article 132
The files of application documents, specifications and drawings of patent applications
shall be placed in the custody of the Patent Authority on a permanent basis.  The files of otherdocuments shall be kept for no less than thirty (30) years.
The patent files referred to above may be stored by means of microfilms, magnetic discs,
magnetic tapes, optical discs or other storage mediums.    The files so stored, which have beenconfirmed by the Patent Authority, shall be deemed the original files, and the original hard copy ofsuch patent files may be destroyed.  The reproduction of the information and records of any patent filekept in the storage mediums shall be inferred as a true copy upon confirmation by the PatentAuthority.
Regulations concerning the confirmation, administration and use of the substitute files
kept in storage mediums referred to in the preceding Paragraph shall be prescribed by the Ministry ofEconomic Affairs.
Article 133
The Enforcement Rules of this Law shall be prescribed by the Ministry of Economic
Affairs.IP/N/1/TPKM/I/1
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Article 134
Patent cases on which examination decisions have not yet been rendered before the
revision and enforcement of this Law shall be de alt with in accordance with the revised provisions
insofar as the subsequent proceedings thereof is concerned.
For those patent cases that have been allowed and published before January 21, 1994 on
which this Law was amended for enforcement, their patent terms shall be calculated in accordancewith the provisions in force prior to the present re vision of this Law.  However, regarding invention
patents that remain effective on the effective date of the World Trade Organization Treaty in thejurisdictional territory of the Republic of China, their patent terms shall be subject to the revised
provisions of this Law for enforcement.
Regarding new design patents that remain effective on the effective date of the World
Trade Organization Treaty in the jurisdictional territory of the Republic of China, their patent termsshall be subject to the  provisions of this Law as revised on May 7, 1997, for enforcement .
Article 135
As to applications filed before January 23, 1994, no application for extension of patent
term may be filed under Article 51.
Article 136
(Deleted)
Article 136-1
Where an application for patent-of-addition filed before the revision of this Law on
October 4, 2001 has not been given an irrevocable examination decision, or where a patent-of-addition remains effective, when the revision of this Law takes effect, the provisions regarding patent-of-addition in force before the revision shall be applied thereto.
Article 137
(Deleted)
Article 138
The Ministry of Economic Affairs shall develop and publish incentive regulations for
encouraging invention and creation activities.
Article 139
This Law shall take effect as from the date of promulgation.IP/N/1/TPKM/I/1
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The amendments made on May 7, 1997 to Article 21, Article 51, Article 56, Article 57,
Article 78 through Article 80, Ar ticle 82, Article 88, Article 91, Article 105, Article 109, Article 117,
and Article 122, and the amendments made on October 4, 2001 to Article 24 and Article 118-1 shalltake effect on the date to be prescribed by the Executive Yuan.
NOTE:  In case of any discrepancy between the En glish version and the Chinese text of the Law, the
Chinese text shall prevail.
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