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Patent
Rules
Abridged English Version of the Enforcement Rules of Patent
Law
Article
001 ~ Article 056
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1 Objectives |
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Rules are prescribed pursuant to Article 137 of the Patent Law (hereinafter
referred to as "this Law"). |
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2 Application documents |
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Any
application filed in accordance with the provisions of this Law,
except for those filed electronically pursuant to Article 19 of
this Law, shall be in writing and bear the signature or seal of
the applicant or the patent agent appointed by the applicant. If
deemed necessary, the Patent Office may notify the applicant to
submit a certificate of identity/nationality or a certificate of
corporation.
All
written applications filed according to this Law or these Enforcement
Rules shall use the application forms designated by the Patent Office;
the format of the application forms and number of copies to be filed
shall be prescribed by the Patent Office.
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3 Language |
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Where
the Chinese translation of a scientific term has been adopted and
published by the National Institute for Compilation and Translation,
such official translation shall be used. Where the official translation
is not available or where it is deemed necessary, the Patent Office
may request the applicant to annotate the translated term with the
term in the original foreign language.
All
patent and patent-related application documents submitted shall
be in the Chinese language. Where the supporting documents are in
a foreign language, the Patent Office may, as it deems necessary,
notify the applicant to submit a full text or an abridged Chinese
translation thereof.
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4 Supporting documents |
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All
supporting documents required by this Law or these Rules for submission
shall be originals.
The
applicant may submit photocopies of the supporting documents instead
of the originals upon verifying that the photocopies are exact copies
of the originals. However, where the evidentiary documents submitted
in an invalidation proceeding are photocopies, the applicant shall
prove that the photocopies are exact copies of the originals.
After
having verified the correctness of the original documents submitted,
the Patent Office may return the original documents to the applicant.
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5 Date of receipt of the application documents by the Patent Office
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Where
the patent application documents are filed in writing, the date
of receipt of the documents by the Patent Office shall be the date
on which the documents or articles reach the Patent Office. However,
where the documents are sent by registered mail, the mailing date
on the postmark shall serve as the date of receipt of the documents.
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6 Request for time extension |
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Prior
to expiry of a time limit designated pursuant to this Law or these
Rules, an applicant may file with the Patent Office a request for
a time extension accompanied by reasons therefor.
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7 Recordation of change of name and address |
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Whenever
there is any change in an applicant's name, registered seal or chop,
or domicile/residence or place of business, an application for recordal
of such change shall be filed with the Patent Office, accompanied
by the relevant document certifying the change. However, where the
change to be recorded is of a nature that need not be proved by
documentation, submission of the relevant document may be spared.
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8 Scope of authorization conferred upon patent agent |
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Where
an applicant has appointed a patent agent to act on his behalf,
the applicant shall submit a Power of Attorney specifying the power
conferred upon said agent and the address for service of all communications.
An
applicant shall appoint no more than three patent agents.
Where
two or more patent agents are appointed by an applicant, they may
act on behalf of the applicant severally.
Where
an agent is appointed on a basis other than the provision of the
preceding paragraph, said agent may still act on behalf of the applicant
severally.
A
patent agent may, with the consent of the applicant, appoint another
as a subagent.
Whenever
there is any change in the scope of authorization conferred upon
a patent agent or change of agent, unless the applicant has informed
the Patent Office of the change in writing, such change shall not
have effect vis-a-vis the Patent Office.
Whenever
there is any change in the patent agent's address for service or
registered seal or chop, an application for recordal of such change
shall be filed with the Patent Office.
The
applicant may submit to the Patent Office an authorization appointing
a third party as his representative to receive all communications.
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9 Application documents; delay in meeting time limits |
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Where
the application documents submitted do not comply with the requirements
of this Law and rectification is required, the Patent Office shall
notify the applicant to make amendment or supplement within a specified
period of time. In the event of the applicant's failure to do so
within the designated period of time or the application documents
after supplement are still incomplete, the application shall be
processed in accordance with the provision of the first paragraph
of Article 17 of this Law.
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10 Reinstatement of application or procedure |
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Whenever
an applicant seeks, pursuant to the second paragraph of Article
17 of this Law, to restore an application to the previous situation,
a written petition specifying the cause for delay and the facts
and date of the cessation of the cause, accompanied by documentary
evidence, shall be submitted to the Patent Office.
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11 Priority period |
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The
time frame of twelve months prescribed in the first paragraph of
Article 27 of this Law shall be calculated from the next day of
the filing date of the first foreign application to the filing date
prescribed in the third paragraph of Article 25 of the same Law.
The
time frame of six months prescribed in the second paragraph of Article
129 of this Law shall be calculated from the next day of the filing
date of the first foreign application to the filing date prescribed
in the third paragraph of Article 116 of the same Law.
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12 Correction of title holder |
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Where
correction of the entitled patent applicant pursuant to Article
10 of this Law is intended, an application accompanied by a settlement
agreement on the ownership of the right to apply for a patent or
the relevant documentary evidence shall be filed with the Patent
Office.
Where
correction of the entitled patent owner pursuant to Article 10 of
this Law is intended, an application accompanied by a settlement
agreement on the ownership of the patent right or the relevant documentary
evidence and the Letters Patent shall be filed with the Patent Office.
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13 Change of ownership of a patent application |
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Where
there is a change of ownership of a patent application by virtue
of assignment or inheritance, an application for recordal of such
change shall be filed with the Patent Office, accompanied by the
following documents:
1.
in the case of assignment, the Deed of Assignment or the evidentiary
document from the Assignor. However, in the case that the transfer
of ownership is due to merger or acquisition of the applicant company,
the document evidencing the merger or acquisition shall be submitted.
2. in the case of inheritance, the certificates of death and inheritance.
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15 Invention and Utility Model patent applications: specification |
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Where an invention for which a patent is sought relates to biological
material or use of biological material, the applicant shall specify
the deposit date, number, as well as the name of the domestic depository;
if a deposit has been made in a foreign country prior to filing,
the deposit date, number, as well as the name of the international
depository shall be specified as well. If the biological material
is exempted from deposit requirement, the applicant shall specify
the origin from which the biological material is accessible.
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If deemed necessary, the Patent Office may notify the applicant
to submit within a designated period of time the search report or
examination report of the foreign corresponding application (in
case of no priority being claimed) referred to in Item 5 of the
first paragraph. In the event of the applicant's failure to specify
the filing date and serial number of said foreign corresponding
application or submit the search or examination report thereof,
the application will be examined based on the materials on file.
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17 Description of the invention/utility model |
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Where
an invention contains one or more nucleic acid or amino acid sequences,
the applicant shall include in the description of the invention
the sequence listing, as a separate part of the disclosure, using
the format prescribed by the Patent Office, and may submit the data
in electronic form.
Where
an invention for which a patent is sought relates to biological
material or use of biological material, the description shall specify
the scientific name, bacterial characteristic and the necessary
gene map of the biological material.
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18 Claims |
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A
dependent claim may only refer to an independent claim or dependent
claim(s) previously set forth. However, a multiple dependent claim
shall not serve as a basis for any other multiple dependent claim,
either directly or indirectly.
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20 Invention and Utility Model patent applications: drawings |
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Drawings
of an invention or utility model shall be drawn in compliance with
industrial drafting methods in such clear manner that the drawings
when reduced in size to two-thirds would still enable each element
on the drawings to be clearly distinguished.
The
drawings shall contain figure numbers and reference numbers of the
elements. The drawings shall not contain any explanatory words,
except where they are indispensable for annotation purposes.
The
figures shall be arranged in order of their number, with the designation
of a representative figure that best illustrates the features of
the invention or utility model.
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21 Missing description or drawings |
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Where
parts of the specification or drawings are missing, the filing date
of the patent application shall be the date on which the missing
parts of the specification or drawings are supplemented. However,
if the supplemented information has been disclosed in the prior
application from which priority is claimed, the original filing
date shall remain unchanged.
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22 Priority document |
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The
certified document for the corresponding foreign patent application
filed according to the second paragraph of Article 28 of this Law
shall be original and shall not be substituted by a photocopy.
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32 Design patent application: specification and drawings |
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The
title of the design shall clearly designate the particular article
embodying the design without including any irrelevant words. Where
the design is a component of an article, the name of the article
shall be specified.
The
description of the design shall specify the intended use of the
article embodying the design and the features of the design. Where
the characteristics of the materials used and variations in the
spatial arrangement or in the state of use will result in a change
of the appearance of the article disclosed in the drawings, a brief
description thereof shall be given.
The
drawings of the design shall mark the view of each figure. When
there is any omission of the required views for being identical
or symmetrical to other views or for other reasons, the description
of the drawings shall include an explanation of the omission.
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33 Design patent application: requirements for drawings |
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The
drawings of the design shall include the perspective view and six
plan views (front view, rear view, left side view, right side view,
top view and bottom view), or two or more perspective views. Where
the design is of a unit-recurring nature, the drawings shall include
a plan view and a recurring unit drawing.
Auxiliary
drawings to the views referred to in the preceding paragraph may
be additionally submitted.
The
drawings shall be ink drawings composed of solid black lines drawn
in accordance with industrial drafting method, or be photographs
or computer printouts clearly showing the design. When the color
is claimed, a drawing showing the color(s) on the article shall
be additionally submitted along with an indication of the industrial
color codes for all of the colors claimed or a color chart.
Any
figure disclosing features that are not claimed by the design shall
be marked as reference figure. In the event of a reference figure,
it shall be described in the description of the drawings when necessary.
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36 Associated Design patent applications |
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When
a patent application is filed for an associated design, the application
form shall specify the filing number of the parent design patent
application, and be accompanied by a copy of the specification and
drawings of the parent design application.
The
Patent Office shall issue a Notice of Allowance to the associated
design patent application only after the parent application is allowed.
The grant of a patent to an associated design shall be annotated
on the original Letters Patent of the parent design.
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40 Application for recordation of assignment |
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Application
for recordation of assignment and issuance of a new Letters Patent
shall be filed by either the patentee or the assignee by submitting
an application form and the Letters Patent, accompanied by a deed
of assignment or other document evidencing the assignment.
Where
the assignment is due to merger or acquisition of the company, the
accompanying document referred to in the preceding paragraph shall
be the document evidencing the merger or acquisition.
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42 Application for recordation of license |
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Application
for recordation of license shall be filed by either the patentee
or the licensee by submitting an application form, accompanied by
the licensing agreement or other evidentiary document.
The
licensing agreement or evidentiary document referred to in the preceding
paragraph shall specify the licensed portion of the patent, the
territory within which the patent is licensed, and the duration
term of the license which shall not exceed the duration term of
the patent.
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43 Recordation of patent-related pledge |
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Application
for recordation of the establishment of a pledge on a patent right
shall be filed by either the patentee or the pledgee by submitting
an application form and the Letters Patent, accompanied by the following
documents:
1.
for recordal of establishment of a pledge, the contract of pledge;
2. for recordal of alteration of a pledge, the evidentiary document
of alteration;
3. for recordal of cessation of a pledge, the evidentiary document
of the payment of the debt or the consent of the parties involved
to obliterate the pledge.
The
contract of pledge referred to in Item 1 of the preceding paragraph
shall specify the title of the invention or utility model or the
article embodying the design, the patent number and the amount of
the debts. The duration term of the pledge shall not exceed the
duration term of the patent concerned.
Whenever
the application for recordation as referred to in the first paragraph
has been approved, the Patent Office shall indicate the recorded
matters on the Letters Patent and in the register of patents.
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44 Recordation of inheritance of patent |
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Application
for recordation of inheritance of a patent and issuance of a new
Letters Patent shall be filed by submitting an application form
along with the certificates of death and inheritance and the Letters
Patent.
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56 Request for deferred publication |
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If
deemed necessary, the applicant may, at the time of paying the issue
fee and the first annuity, file a request with the Patent Office
for deferred publication along with the reasons therefor. The deferment
is possible up to a maximum of three months.
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