The Amendment to the Implementing Regulations of the Patent Law Was Approved by the Executive Yuan. The Application for the Promulgation by Ministry of Economic Affairs Will Be Made.

In response to the complete amendment of the Patent Law on February 6, 2003, the Executive Yuan approved the amendment to the Implementing Regulations of the Patent Law (listed by articles as follows). After the Ministry of Economic Affairs’ promulgation, such amendment will be enforced on July 1, 2004 together with the Patent Law.

 

1.      The provisions are divided into five chapters according to the nature of regulations, including general provisions, patent application and examination, patent rights, disclosure and publication, and supplementary provisions.

2.      Revising the way of writing in the application for the range of invention patents and new utility model patents (Articles 18 and 19 amended).

3.      Simplified administrative procedures:

(1)   Abolishing the regulation that the supplements, amendments, or corrections of the underlined portions of the drawing shall be submitted. (Articles 28 and 45 amended)

(2)   The drawing of the new utility model patents can be replaced by the appointed drawing. (Article 31 amended)

(3)   Every registration item of patent right shall be filed by only one party of the concerned parties. (Articles 40 and 43 amended)

4.      In cooperation with the formal examination adopted in the examination of new utility model patents, the regulation concerning technical report on new utility model patents will be introduced and the relevant regulations concerning the technical report on new utility model patents will be inserted. (Articles 50 to 52 amended)

5.      In practice, since the applicant often defers the patent publication based on certain reasons, the provision regulating the procedure of patent publication deferral and the deferral term is inserted. (Article 56 amended)

6.      In cooperation with the regulation as defined in Article 138 of the Patent Law, the enforcement date of the current implementing regulations, “from promulgation date” is revised as “from enforcement date.” (Article 57 amended) (2004.03)

CYJ/CCS