TIPS^®  Taiwan Intellectual Property Special

New Enforcement Rules of the Patent Law

In order to be consistent with the October 24, 2001 amendments to the Patent Law, which introduced various new systems, including the local priority right system and invention patent early disclosure system, the MOEA promulgated the amended Patent Law Enforcement Rules, effective on November 1, 2002. Main points of the amendments are as follows:

1. Re-numbering the articles;

2. In the scope of agency, the effects of patent agents are imputed to the applicants, requiring only signatures of patent agents in the patent applications, but not signatures from applicants;

3. Applicants are required to submit personal identification or juridical person certification documents only if the TIPO requests;

4. Applicants are required to submit Chinese translations or abstracts of certification documents in respect of applications only if the IPO requests;

5. A party may submit a photocopy of a certification document, if the party undertakes that it is identical with the original; where photocopies of documentary evidence is submitted in objection or complaint procedures, the party shall prove that such photocopies are identical with the original;

6. Simplifying the forms for presenting application scope, diagrammatic explanations and diagrams for new design patent applications;

7. Adding provisions concerning substantive contents that should be included in the formality of patent applications, matters that should be disclosed in invention patent applications, and matters that should be published in the patent gazette.

8. Inserting provisions concerning commencement dates for calculation of various periods prescribed in the Patent Law.