Legislative Yuan Approved The Proposed Patent Attorneys Act. Current Practicing Patent Agents Meeting Relevant Qualification May Apply for Exemption of The Patent Attorney Qualification Exam.

The Executive Yuan approved the proposed Patent Attorneys Act on 7 December 2005 with a view to strengthening the regulation of patent attorneys and the protection of patentees in line with the government’s effort to promote intelligence-oriented economy, developing the relevant industries, construct a good-quality environment for protecting intellectual property rights, and put into effect the resolutions adopted by the meeting of the Economic Development Advisory Committee 2001.

 

The provisions of the Act as opposed mainly address these issues:  1. One must pass the national patent attorney qualification exam and obtained the patent attorney’s license to be a patent attorney.  2. The patent attorney must complete the pre-job training, patent attorney registration and admission to the relevant patent attorneys’ association to begin practice.  3. The patent attorney must practice in the name of a patent attorney office.  4.  Patent agents who meet the relevant qualification may apply for exemption of the patent attorney qualification exam.  5. Those who hold a patent agent’s license may continue practicing as patent agent. 

 

It took a long time for the Executive Yuan to determine the provision proposed on issue No. 4 above due to wide resistance since the issue involves a total of some 470 existing patent agents who are providing their clients with services with respect to prosecution of patents. 

 

According to the provision of Article 33 of the proposed Patent Attorneys Act approved by the Executive Yuan, those who meet any of the three following qualifications may apply for exemption from taking the required special vocational and technical personnel advanced exam as patent attorney qualification exam:  (1) a person who passed the special vocational and technical personnel/technician, or lawyer or certified public account qualification exam, holds the patent agent’s license and has practiced as a patent agent for three years or more; (2) a person who passed the functionary advanced exam or other equivalent special exam or special vocational and technical personnel qualification exam and has worked as functionary by taking on the job of conducting substantive examination of patent applications for two years or more and has held the patent agent’s license and practiced as patent agent for three years or more; (3) a person who has been retained by the Special Patent Authority as patent examiner and who has taken on the job of conducting substantive examination of patent applications on full time basis for two years or more and has held the patent agent’s license and practiced as a patent agent for five years or more.  (2005.12)

/EMA