專利師法

This Act is enacted to protect the rights and interests of patent applicants, strengthen the management of patent professional services, and establish the patent attorney system.

1The government authority under this Act is the Ministry of Economic Affairs (MOEA).

2The administrative affairs of patent attorneys shall be handled by the Authority appointed by the MOEA.

1A citizen of the Republic of China, who has successfully passed the Patent Attorney Eligibility Examination and obtained a Patent Attorney License in accordance with this Act, may practice as a patent attorney.

2A non-citizen may take the Patent Attorney Eligibility Examination in accordance with the laws of the Republic of China; a non-citizen who successfully passes the Patent Attorney Eligibility Examination and obtains a Patent Attorney License in accordance with this Act may practice as a patent attorney.

1Any person who is under any of the following circumstances, shall not practice as a patent attorney; if currently practicing, his/her Patent Attorney License shall be revoked or abolished:

21. Having been convicted of a crime as a result of engaging in professional services and sentenced to a term of imprisonment of one year or more by a domestic court or a foreign court. Excepts to this provision are situations where one has been released on probation, or one’s conviction(s) involved a non-intentional crime

32. Having been expulsed for a cause prescribed in this Act.

43. Having been revoked of the examination qualification according to the provisions of the Professionals and Technologists Examination Act.

54. Having been declared a guardianship or assistantship which is still in effect.

65. Having been declared bankrupt, with resolution still pending.

7Those whose Patent Attorney License was revoked or abolished due to the provisions prescribed in subparagraphs 4 and 5 of the preceding paragraph are entitled to apply for a Patent Attorney License whenever the conditions concerned cease to exist.

1One who has successfully passed the Patent Attorney Eligibility Examination and completed prevocational training, may file an application with the Competent Authority together with the certification fee and the following documents for the issuance of a Patent Attorney License:

21. An application form;

32. Certificate of passing the Patent Attorney Eligibility Examination or documents evidencing such qualification;

43. Document(s) evidencing one's identification; and

54. Certificate of completing a prevocational training.

6A patent attorney, who applies for replacing or re-issuing a patent attorney license due to loss, destruction, or damage of the license, shall file an application with the Competent Authority together with the certification fee and the documents prescribed in subparagraphs 1 and 3 of the preceding paragraph.

7The training duration, implementation, withdrawal, termination, re-training, and other relevant matters of the prevocational training prescribed in paragraph 1 shall be established by the Competent Authority.

A patent attorney shall begin practice only after joining the Patent Attorneys Association.

1A patent attorney shall practice in one of the following ways:

21. Set up a patent firm.

32. Employed by a firm engaging in patent professional services.

43. Employed by a judicial association or a judicial person established or registered according to the law.

5A patent attorney employed by a juridical person prescribed in subparagraph 3 of the preceding paragraph shall serve as a full-time attorney and shall not engage in any practices prescribed in the subparagraphs of Article 9 for juridical persons other than the employer.

1The Specific Patent Agency shall establish a database of patent attorneys containing the following particulars:

21. Name, gender, date of birth, address, and identification card number;

32. Summary of educational background and professional experience(s);

43. Business practice location and address;

54. Serial number of the Patent Attorney License;

65. Date of enrollment to the Patent Attorneys Association;

76. Category, date, and reasons for disciplinary actions or punishment received.

8The Patent Attorneys Association shall provide the data of patent attorneys prescribed in the preceding paragraph to the Specific Patent Agency to establish a database of patent attorneys.

9The patent attorney concerned shall report to the Specific Patent Agency within 30 days from the date of occurrence of any changes to the particulars prescribed in subparagraphs 1 and 3 of paragraph 1 for record.

1The scope of the commissioned practices of a patent attorney is as follows:

21. Matters involving patent filing;

32. Matters involving patent invalidation;

43. . Matters involving assignment, trust, pledge, licensing, and compulsory licensing of patent right;

54. Matters involving administrative appeals or litigations of patents;

65. Matters involving patent infringement assessment;

76. Matters involving patent consultation; and

87. Other patent matters prescribed in accordance with the Patent Act and other relevant laws and regulations.

1A patent attorney is prohibited from accepting representation in the following situations:

21. Instances where he/she or another patent attorney in his/her firm has previously accepted representation of the same matter from an opposite party to his/her or their client;

32. Instances where a matter had been previously handled while employed at an administrative institution or the court; and

43. Instances where a related matter had been previously assigned by an administrative institution or the court.

A patent attorney, after accepting representation, shall loyally engage in services as designated; a patent attorney shall be liable for damages and compensation to a client for losses incurred due to lack of due diligence or negligence.

1A patent attorney shall not engage in the following conducts:

21. Deceiving or beguiling acts toward the Specific Patent Agency or his/her client;

32. Soliciting business engagement by improper means;

43. Disclosing or appropriating the content of cases of his/her client;

54. Posting or publishing notices amounting to fraud or threat in his/her name or the name of another; and

65. Allowing others to practice as a patent attorney under his/her name.

1A patent attorney shall continuously participate in on-the-job training and provide documents proving that such on-the-job training is completed to the Specific Patent Agency every 2 years.

2Regulations governing the training implementation methods, required minimum hours, fees, procedures for handling rules infractions, and other related matters prescribed in the preceding paragraph shall be stipulated by the Competent Authority after consulting the Patent Attorneys Association.

Anyone without a Patent Attorney License is not to use the title of patent attorney.

A non-citizen who obtains a Patent Attorney License in accordance with this Act is subject to approval by the Component Authority before engaging in patent attorney professional services in the Republic of China, and shall abide by all laws and regulations of the Republic of China as well as the statute of incorporation of the Patent Attorneys Association.

A non-citizen who practices as a patent attorney in the Republic of China shall present all statements to the Competent Authority in the official language of the Republic of China; the documents presented shall mainly be in the official language of the Republic of China.

1When the number of patent attorneys registered with the Specific Patent Agency reaches 15, the patent attorneys so registered shall establish the Patent Attorneys Association.

2The Patent Attorneys Association may not reject membership to qualified patent attorneys.

1The Patent Attorneys Association must be established within the administrative geographical jurisdiction of the Republic of China and where the central government is located.

2Only one Patent Attorneys Association may be established.

1The Patent Attorneys Association shall elect directors and supervisors by the General Assembly and set up a Board of Directors and a Board of Supervisors.

2There should not be more than 35 directory board members; the number of the supervisory board members shall not exceed one-third of the number of the directory board members; the numbers of substitute directory board members and supervisory board members shall not exceed one-third of the numbers of directory board members or supervisory board members.

The directory board members and supervisory board members shall hold office for a term of three years, the number of re-elected board members shall not exceed one-half of the total board members; the President of the board of directors shall only be eligible for re-election once.

The General Assembly of the Patent Attorneys Association shall convene once a year; a provisional general assembly may be convened when necessary. A provisional general assembly shall be convened upon passage of a motion by more than one-fifth of its members.

The Patent Attorneys Association shall stipulate its statute of incorporation, which is to be submitted to and approved by the authority in charge of civil organizations, and forwarded to the Competent Authority for record. The same procedures apply when the statute of incorporation is amended.

1The statute of incorporation of the Patent Attorneys Association shall contain the following matters:

21. Name and place of Association;

32. Objectives, organization, and duties;

43. Rules for enrollment and withdrawal of membership;

54. Rights and obligations of the members;

65. Numbers of directory board members, supervisory board members, substitute directory and supervisory board members, their respective terms of service, authorities and duties, and their election and removal thereof;

76. Rules of order for the General Assembly, and for the meetings of Boards of Directors and Supervisors;

87. Professional ethics abided by all members;

98. Organization of a Patent Attorney's Professional Conduct Committee and means for maintaining discipline;

1The Patent Attorneys Association shall report the following to the authority in charge of civil organizations and the Competent Authority:

21. Enrollment of membership, including admission of new members and withdrawal of members;

32. Results of directory and supervisory board elections, including names of elected members; and

43. Motions and resolutions reached at the General Assembly, and meetings of Boards of Directors and Supervisors.

1Where the resolutions or acts by the Patent Attorneys Association are in violation of the laws and regulations or its statute of incorporation, the authority in charge of civil organizations may impose any of the following sanctions:

21. Warning.

32. Revocation of resolutions.

43. Dismissal of directors and supervisors.

54. Impose a deadline for remedy.

6The Competent Authority may also impose the sanctions prescribed in subparagraphs 1 and 2 of the preceding Paragraph.

1A patent attorney with any of the following situations shall be subject to disciplinary action(s):

21. Violation of Articles 7,10 or 12;

32. Conviction of a crime in connection with business practices; and

43. Serious violation of the statute of incorporation of the Patent Attorneys Association.

5The power to impose sanctions pursuant to the provisions of the preceding Article is expired upon the lapse of three years.

6The period specified in the preceding paragraph shall commence from the day the situation prescribed in paragraph 1 is complete, except where the consequence of such an act occurs on a later day, in which case the period shall commence from the day on which the consequence occurs.

7Where a disciplinary action is annulled upon a decision out of an administrative appeal, administrative litigation, or other remedial proceedings, thus making it necessary to render an alternative decision, the period specified in paragraph 2 above shall commence from the date on which the annulment of the original disciplinary action is withdrawn.

8

Shall a disciplinary action be imposed on a patent attorney, the clients, parties of interest, Specific Patent Agency, or Patent Attorneys Association may report all related facts and present supporting evidence of such violation to the Patent Attorney Disciplinary Committee.

1Disciplinary action imposed on a patent attorney may be any one of the following:

21. A warning;

32. A reprimand;

43. Suspension of the right to practice for a period not less than two months but no more than two years; and

54. Expulsion.

6A patent attorney given disciplinary action in the form of a warning three times shall be regarded as given a reprimand; one who is given disciplinary action in the form of a reprimand three times shall further be subject to the disciplinary action in suspension of the right to practice; one who is given disciplinary action in the form of suspension of the right to practice for an accumulated period of over three years shall be subject to expulsion.

The Patent Attorney Disciplinary Committee shall, in the proceeding of a disciplinary action, notify the patent attorney whom such action is to be imposed, and direct him/her to present a response or to personally state his/her case before the Committee within twenty days; in case of failure to present a response or personally state his case before the Committee within the prescribed period, the Committee may therewith adopt a resolution based on the materials presently available.

The Patent Attorney Disciplinary Committee shall accordingly transfer the matter to the judicial institution for investigation if it suspects, in the proceeding of the disciplinary action, that a criminal offense is involved.

The Patent Attorney Disciplinary Committee shall publish its resolution in the Patent Gazettes and inform the Patent Attorneys Association when a disciplinary sanction imposed on a patent attorney has become final.

The Competent Authority shall establish the Patent Attorney Disciplinary Committee to handle matters in connection with disciplinary actions imposed on patent attorneys. The organization, the rules of procedure and other rules to be observed are to be prescribed by the Competent Authority.

1Any person without a Patent Attorney License or with the Patent Attorney License revoked or repealed accepts representation or hires a patent attorney to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for the purpose of making a profit, unless where such practices are in accordance with the laws shall be sentenced to imprisonment for no more than 3 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than four hundred thousand yuan but no more than two million yuan may be imposed.

2Any person without a Patent Attorney License or with the Patent Attorney License revoked or repealed posts an advertisement or solicits businesses to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9, and fails to cooperate after being ordered to cease the conduct within a specified time period or repeats the conduct after the period shall be imposed a fine of no less than one hundred thousand yuan but no more than five hundred yuan and ordered to cease the conduct again within another specified time period by the Specific Patent Agency. If such person fails to cooperate after being ordered to cease the conduct or repeats the conduct after the lapse of the period again, he/she shall be sentenced to imprisonment for no more than 1 year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than one hundred thousand yuan but no more than five hundred yuan may be imposed.

A patent attorney who provides his/her Patent Attorney License and seal or the logo of his/her patent firm to any person without a Patent Attorney License to engage in the practices prescribed in Article 9 shall be sentenced to imprisonment for no more than 2 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than two hundred thousand yuan but no more than one million yuan may be imposed.

1A patent attorney who accepts representation to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9, without joining the Patent Attorneys Association or being suspended from practice, is subject to a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan, and an order to correct or stop his/her acts within a prescribed period; one who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped. Any person who violates Article 13 by using the title of a patent attorney without a Patent Attorney License shall be imposed a fine of no less than thirty thousand yuan but no more than one hundred fifty thousand yuan and ordered to cease the conduct within a specified time period by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.

2The preceding paragraph shall apply as well to any person who uses the title as a patent attorney after his/her Patent Attorney License is revoked or repealed.

A patent attorney who does not proceed with the on-the-job training in accordance with Paragraph 1 of Article 12-1 shall be notified to correct that within 6 months by the Specific Patent Agency. One who fails to complete the correction after the lapse of the time period shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan by the Specific Patent Agency.

Where the Patent Attorneys Association is in violation of Paragraph 2, Article 16, said Association is subject to a fine not less than NT$10,000 but no more than NT$50,000 by the authority in charge of civil organizations.

(deleted)

1Any person who obtained a patent agent license prior to the effective date of this Act may continue engaging in the practices prescribed in Article 9 after the effective date of this Act.

2Paragraph 2 of Article 5, Articles 7, 8, and 11 shall apply mutatis mutandis to patent agents.

1Persons who, under any of the following situations, shall not practice as a patent agent; where he/she has been practicing as a patent agent, his/her Patent Agent License shall be revoked:

21. Having been convicted of a crime as a result of engaging in professional services and sentenced to a term of imprisonment of one year or more. Exceptions to this provision are where one has been released on "probation," or one's conviction(s) involved a "non-intentional" crime.

32. Having been declared a guardianship or assistantship still in effect.

43. Having been declared bankrupt, with resolution still pending.

54. Having been revoked or abolished of the qualification for obtaining the Patent Agent License according to the laws.

1Any person without a Patent Agent License or with the Patent Agent License revoked or repealed but accepts representation or hires a patent attorney to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 for the purpose of making a profit, unless where such practices are in accordance with the laws shall be sentenced to imprisonment for no more than 3 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than four hundred thousand yuan but no more than two million yuan may be imposed.

2Any person without a Patent Agent License or with the Patent Agent License revoked or repealed posts an advertisement or solicits businesses to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 and fails to cooperate after being ordered to cease the conduct within a specified time period or repeats the conduct after the period shall be imposed a fine of no less than one hundred thousand yuan but no more than five hundred thousand yuan and ordered to cease the conduct within a specified time period by the Specific Patent Agency. If such person fails to cease the conduct or resume violation after cessation, he/she shall be sentenced to imprisonment for no more than 1 year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than one hundred thousand yuan but no more than five hundred thousand yuan may be imposed.

A patent agent who provides his/her Patent Agent License and seal or the logo of his/her patent firm to any person without a Patent Agent License to engage in the practices prescribed in Article 9 shall be sentenced to imprisonment for no more than 2 years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of no less than two hundred thousand yuan but no more than one billion yuan may be imposed.

1A patent agent who is suspended from practicing but accepts representation to engage in the practices prescribed in subparagraphs 1 to 4 of Article 9 shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan and ordered to correct or cease the conduct within a specified time period by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.

2Any person using the title as a patent agent without a Patent Agent License shall be imposed a fine of no less than thirty thousand yuan but no more than one hundred fifty thousand yuan and ordered to cease the conduct within a specified time period by the Specific Patent Agency. One who fails to correct or stop his/her acts within the prescribed period is subject to repeated orders to correct or stop his/her acts and sanctions for each time until his/her acts are corrected or stopped.

3The preceding paragraph shall apply as well to where any person uses the title as a patent agent after his /her Patent Agent License is revoked or repealed.

1A patent agent shall continuously participate in the on-the-job training and provide documents proving that such on-the-job training is completed to the Specific Patent Agency every 2 years.

2The on-the-job training prescribed in the preceding paragraph shall be governed by the relevant items regulated by the competent authority as prescribed under Paragraph 2 of Article 12-1.

3A patent agent who does not proceed with the on-the-job training in accordance with Paragraph 1 shall be notified to correct that within 6 months by the patent authority. One who fails to complete the correction after the lapse of time shall be imposed a fine of no less than sixty thousand yuan but no more than three hundred thousand yuan by the Specific Patent Agency.

1A patent agent is prohibited from engaging in professional service as follows:

21. Instances where he/she or another patent attorney or patent agent in his/her firm has previously accepted representation of the same matter from a respondent party to his/her or their client;

32. Instances where a matter had been previously handled while employed at an administrative institution or the court; and

43. Instances where a related matter had been previously assigned by an administrative institution or the court.

5A patent agent shall not engage in the following conducts:

61. Deceiving or beguiling acts toward the Competent Authority or his/her client;

72. Soliciting business engagement by improper means;

83. Disclosing or appropriating the content of cases of his/her client;

9

1A patent agent who violates the preceding article, Article 7 applicable mutatis mutandis under Paragraph 2 of Article 36, or being convicted by a final and irrevocable judgement or ruling for a crime relevant to his/her profession shall be subject to disciplinary actions in the form of a warning, a reprimand, suspension from practicing for a period not less than 2 months but no more than 2 years, or revocation of the Patent Agent License, depending on the severity of the misbehaving conduct, by the Specific Patent Agency.

2A patent agent who has received 3 warnings accumulatively shall be deemed as receiving one reprimand; a patent agent who has received 3 reprimands accumulatively shall be subject to the disciplinary action of suspension from practicing. Where the accumulative time period of suspension from practicing of a patent agent reaches 3 years, his/her Patent Agent License shall be repealed.

1This Act shall become effective 6 months from the date of promulgation.

2The amendments made to this Act, except the provisions amended on May 27, 2009 and effective since November 23, 2009, and the provisions amended on July 1, 2015 and effective 6 months from the date of promulgation, shall come into force on the date of promulgation.