This Law is enacted to provide incentive and to protect and utilize new inventions and creations so that the industrial development may be promoted.

The term "patent" as referred to in this Law includes the following three categories:
1. Invention patents;
2. Utility model patents; and
3. Design patents.

The Ministry of Economic Affairs shall be the authority for the supervision of all patent-related matters under this Law.
The Ministry of Economic Affairs shall designate an office (hereinafter referred to as the Patent Office) to administer patent-related matters.

A patent application may be refused acceptance if it is filed by a national of a foreign country which is not a party to any international treaty in relation to protection of patents signed by the Republic of China, or which has not concluded with this country a treaty or agreement for reciprocal protection of patents, or which has not established with the Republic of China an agreement for the reciprocal protection of patents signed by organizations or institutions in the two countries and approved by the supervisory authority, or which refuses to entertain patent applications filed by nationals of this country.

"The right to file patent application" means the right to apply for a patent under this Law.
"Entitled patent applicant" includes the inventor, creator, or his assignee or heir, unless otherwise prescribed by this Law or defined in a contract.

Right to file patent application and patent right are both assignable and inheritable.
Right to file patent application shall not serve as the subject of a pledge.
Where a patent right is deposited as the subject of a pledge, the pledgee shall not enforce the patent right unless otherwise provided in an agreement.

Whenever an invention, a utility model or a design is made by an employee in the performance of his duties, the employer shall be entitled to the right to file patent application and to the patent right conferred thereto, subject to payment of appropriate compensation to the employee. However, if it is otherwise provided in a contract, said contract shall prevail.

As referred to in the preceding paragraph, the invention, utility model or design made in the performance of duties means any invention, utility model or design completed by an employee in the performance of his work during the employment period.

Where a person is hired or commissioned to engage in research and development, ownership of the right to file patent application and the patent right to the invention, utility model or design derived therefrom shall be determined by a contract between the two parties. If ownership is not defined in the contract, such rights shall be vested in the inventor or creator. The party responsible for the research and development costs may, however, practice the invention, utility model or design.

Whenever the right to file patent application and the patent right are vested in the employer or the party responsible for the research and development costs in accordance with the provisions of the first and the preceding paragraphs of this Article, the inventor or creator shall enjoy the right to have his name indicated as the inventor or creator.

Whenever an invention, a utility model or a design is made by an employee with no relation to the duties the employee has been hired to perform, the employee shall be entitled to the right to file patent application and the patent right conferred thereto. However, provided that the employer's resources and/or experience has been utilized to make the invention, utility model or design, the employer may, after payment of appropriate compensation, practice the invention, utility model or design in his enterprise.

Whenever an employee has made an invention, a utility model or a design with no relation to the duties the employee has been hired to perform, he shall notify the employer in writing and, if necessary, advise the employer of the process of the creation thereof.

Where the employer did not express any objection to the employee within six months from the date of receipt of the written notice referred to in the preceding paragraph, the employer shall not assert that the invention, utility model or design was made by the employee in the performance of his duties.

A contract between the employer and the employee referred to in the preceding Article which prevents the employee from enjoying the benefits derived from any invention, utility model or design made by him shall be unenforceable.

Where a settlement is reached between the employer and the employee relating to any dispute over the ownership of rights defined in Articles 7 and 8, application for correction of the title holder may be filed with the Patent Office along with the relevant documentary evidence. If it is deemed necessary, the Patent Office may notify the parties concerned to submit documents evidencing the mediation, arbitration or judgement pursuant to other applicable laws.

An applicant may appoint a registered agent to act on his behalf in connection with application filing and other patent-related matters.

A person having no domicile or place of business in the Republic of China shall appoint a registered agent to act on his behalf in connection with patent application and patent-related matters.

Unless it is otherwise prescribed by statute, only a registered patent attorney can act as an agent.

An additional law shall be enacted to prescribe regulations governing the recognition and conduct of patent attorneys. Before the new law is enacted, regulations governing the recognition, suspension or exclusion from practice, and conduct of agents shall be prescribed by the supervisory authority.

Where the right to file patent application is jointly owned, the application shall be filed by all of the owners jointly.

Where two or more persons are jointly involved in patent-related procedures, except filing patent applications, withdrawal or abandonment of the applications, division or conversion of the applications or as otherwise provided in this Law, which require execution in the name of all the persons, all the procedures may be carried out by each of the persons independently. However, where a representative has been designated upon mutual agreement, the agreement shall prevail.

In the event of joint execution as referred to in the preceding two paragraphs, one shall be elected to receive all communications from the Patent Office. In the event that no one has been designated to receive the communications, the Patent Office shall direct all communications to the first-named applicant and notify the others of the matters concerned.

Where the right to file patent application is jointly owned, no applicant shall, without the consent of the other joint applicant(s), assign his right to others.

A person who receives the right to file patent application by virtue of inheritance or transfer may assert his legal right against any third party only if on, or subsequent to the filing date, the assignment or inheritance is recorded in the Patent Office.

In order to duly effect recordal of assignment or inheritance, documentary evidence shall be submitted.

Unless heir to a patent, no employee of the Patent Office and no patent examiner may, during the period of his appointment, file a patent application or directly or indirectly accept transference and any interest in a patent.

Employees of the Patent Office and patent examiners shall have the obligation to keep confidential any information concerning an invention, a utility model or a design patent application and/or an applicant's trade secret which they have obtained or become aware in the course of their official duties.

Whenever the statutory or otherwise prescribed deadlines in patent applications and other patent-related procedures are not met, or there is a default in payment of fees, the belated action shall be refused. This provision, however, shall not apply if action has been taken to make up for the failure to meet the prescribed deadlines or default before a relevant decision is rendered by the Patent Office.

Whenever an applicant fails to meet a statutory deadline due to force majeure or other factors not attributable to the applicant, within thirty days from the day following the cessation of the cause for delay, a written report specifying the cause for delay may be submitted to the Patent Office along with a request to restore the application or the procedure at issue. This provision, however, shall not apply if the delay of the statutory deadline has exceeded one year.

At the time of filing a request for restoration, the delayed procedures shall be redone simultaneously.

Whenever an Official Decision or any other documents are not deliverable, such decision or documents shall be published in the Patent Gazette and shall be considered served de jure after thirty days from the date of publication in the Patent Gazette.

A patent application or other patent-related procedures may be filed or attended to by electronic means; the date of implementation and regulations thereof shall be prescribed by the supervisory authority.

In calculation of time limits prescribed in this Law, the first day of the term shall not be included.
The patent term prescribed in Paragraph 3 of Article 51, Paragraph 3 of Article 101, and Paragraph 3 of Article 113 shall be calculated from the filing date.