Astron Intellectual Patent and Trademark Office

Taiwan Patent Act CH1

Taiwan Patent Act CH1

AMENDED AND PROMULGATDE ON 6 FEBRUARY 2003 BY PRESIDENTIAL ORDER NO. HUA-TZUNG-1-YI-TZU 0920017760 ENFORCE ON 1 JULY 2004 BY THE EXECUTIVE YUAN ORDER NO. YUAN-TAI-JING-TZU 0930026128

Chapter 1
General Provisions
Article 1
This Act is enacted for encouraging, protecting and utilizing inventions and creations so as to promote the development of industries.

Article 2
The term "patent" referred to in this Act is classified into the following three categories:
1. Invention patents;
2. Utility model patents; and
3. Design patents.

Article 3
The government authority in charge of patent affairs (hereinafter referred to as the "Competent Authority") under this Act shall be the Ministry of Economic Affairs (the "MOEA").
The patent affairs shall be handled by a sole authority (hereinafter referred to as the "Patent Authority") to be appointed by the MOEA.

Article 4
A patent application filed by a foreign applicant may be rejected if the home country of such foreign applicant is not a signatory of an international treaty for protection of patent right to which the Republic of China (hereinafter referred to as the "ROC") is also a signatory, or if the home country has not concluded with the ROC a treaty or an agreement for reciprocal 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 Competent Authority, or if the acts of said foreign country do not accept patent applications filed by nationals of the ROC.

Article 5
The term "right to apply for patent" shall mean the right to file a patent application in accordance with the provisions of this act.
Subject to the provisions otherwise provided for in this Act or the covenants otherwise set out in any agreement, the term "the owner of the right to apply for patent" shall mean any inventor, creator or his/her assignee or successor.

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 as a covenant in an agreement.

Article 7
Where an invention or a utility model or a design is made by an employee in the performance of his/her job duties, the right to apply for patent and the patent right thereof shall be vested in his/her employer, and the employer shall pay the employee a reasonable remuneration, provided that if there is any covenant otherwise provided for in an agreement, such covenant shall prevail.
The clause "an invention, or a utility model or a design which is made in the performance of his/her job duties" as set forth in the preceding Paragraph shall mean the invention, utility model or design which is completed by an employee in performing his/her job duties during the period of his/her 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 such research and development shall be vested in the party as named by a covenant in the agreement between the two parties concerned, or shall be vested in the inventor or creator in the absence of such a covenant in the agreement provided, however, that the fund-provider shall be entitled to put such invention, utility model or 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 the preceding Paragraph under this Article, the inventor or the creator concerned shall be entitled to the right of having his/her name shown as the inventor or the creator.

Article 8
Where an invention, a utility model or a design made by an employee is irrelevant to his/her job duties, the right to apply for patent and the patent right concerned shall be vested in the employee provided, however, that if such invention, utility model or design is made through utilization of the employer's resources or experience, the employer may, after having paid the employee a reasonable remuneration, put the same invention or utility model or design into practice in the enterprise concerned.
Upon completion of an invention, a utility model or a design irrelevant to his/her job duties, the employee shall give his/her employer a notice in writing of such event and shall inform his/her employer 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/her receipt of the written notice given by the employee under the preceding Paragraph, he/she shall not claim that such invention, utility model or design is made by the said employee in the performance of his/her job duties.

Article 9
An agreement concluded between an employer and an employee, by which the employee is precluded from enjoying his/her legitimate rights and interests in respect of his/her invention, utility model or design, 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 principle for determining the attribution of patent-related rights as set forth in Articles 7 and 8 of the Act, the employer or employee involved shall file an application with the Patent Authority for change on the ownership of the right involved, accompanied by the relevant evidential documents. The Patent Authority may, as it deems necessary, notify the parties involved to submit thereto documents relevant to any mediation, arbitration or court judgment rendered in accordance with other acts and regulations.

Article 11
A patent applicant may designate an agent to act on his/her behalf in filing patent applications and handling patent-related matters.
A patent applicant who has no residence or business office in the territory of the ROC shall designate an agent to act on his/her behalf to file patent applications and handle patent-related matters.
An agent shall be limited to a certified patent attorney, unless otherwise provided for in the acts and regulations.
Qualification and administration of certified patent attorneys shall be prescribed in a separate act. Before enactment of that separate act, the rules for acquisition, canceling and revocation of qualification certificate and the administration of certified patent attorneys should be prescribed by the competent authority.

Article 12
Where a patent application right is jointly owned by two or more person, 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 filing an application for withdrawing or abandoning a patent application, or for dividing a patent right or converting a patent application, or for filing any application otherwise required in this Act which shall be executed and filed by all joint-owners provided, however, that if a representative is designated by a mutual covenant of all joint-owners, such covenant shall prevail.
In the case of an application requiring execution 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 the documents. In the absence of such a representative, the patent authority shall name the first applicant indicated in the list of joint-applicants as the recipient of service and shall advise all other joint-owners of such matters of service.

Article 13
Where the right to apply for patent is jointly owned by two or more persons, no joint-owner may, without the consent of the other joint-owners, assign his/her share therein to any third party.

Article 14
In the case of an inheritance or assignment of the right to apply for patent, the successor or the assignee shall have no locus standi against any third party unless the patent application was filed in the name of the successor or the assignee when filing for patent, or an application was filed thereafter with the Patent Authority for the change of the applicant's name.
Any such application referred to in the preceding Paragraph, whether filed for an assignment or an inheritance, shall be accompanied by evidential documents.

Article 15
No staff and patent examiner, while serving in the Patent Authority, may apply for a patent or receive any rights and interests in connection with a patent directly or indirectly, except in the capacity of a successor thereto.

Article 16
Staff and patent examiners of the Patent Authority shall have the obligation to keep the confidentiality of the patent-related matters of any invention, utility model or design, or the trade secret of a patent application which has become known to or been held by them in the course of performing their duties.

Article 17
When a person filing a patent application or going through any other procedures in connection with patent matters has delayed beyond any statutory or given time limit, or has defaulted in payment of any fees prior to the deadline fixed therefor, the application filed or the other procedures instituted by him/her shall be dismissed, unless his/her delay to act within the given time limit or his/her failure in payment by the deadline has been corrected 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 by giving the reasons therefor in said application, except in the case where one (1) year has elapsed after expiration of the statutory time limit.
While applying for reinstatement of the interrupted case, the applicant shall concurrently fulfill his/her obligations that should have been fulfilled by him/her within the statutory time limit.

Article 18
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 and shall be deemed duly served after thirty (30) days from the date of publication thereof in the Patent Gazette.

Article 19
Procedures for patent application and other relevant operations may be effected by means of electronic operations; the commencement date of and the regulations governing such practices shall be prescribed by the competent authority.

Article 20
The duration of any relevant period as specified in this Act shall not include the beginning or the commencement date thereof.
The duration of the patent rights as specified respectively in Paragraph Three, Article 51; Paragraph three, Article 101; and Paragraph Three, Article 113 of this Act shall commence from the date of application of the patent concerned.

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