Amendment of Regulation Ratifying Extension to Patent Term.

The Patent Law was amended and promulgated by presidential order on February 6, 2003. Since the issues of approval and publication would no longer exist after this amendment, the relevant regulation ratifying extension to patent term was amended. Such amendment was announced on March 3, 2004 and scheduled to be enforced together with the Patent Law on July 1, 2004.

 

Article 1

These Regulations are enacted in accordance with Paragraph 3, Article 51 of the Patent Law (hereinafter referred to as “this Law”).

 

Article 3

Application for extension to patent term under Article 51 of this Law should be made by submitting a written application signed or sealed by the patentee or his agent and indicating the following information:

1.      patent number;

2.      title of invention;

3.      patentee’s name or title, nationality, residence, or business place; if the patentee has a representative, the name of its representative;

4.      reasons and term for extension;

5.      date of the certificate of approval first obtained; and

6.      date of application (year/month/day).

A copy of the certificate of approval obtained in accordance with the law and the local or foreign documentary evidence in duplicate should be submitted together with the preceding written application.

Upon acceptance of the application referred to in the first paragraph, the Patent Authority should publish the contents of the application.

When the application for patent term extension is approved, the Patent Authority should notify the patentee to submit the Letters Patent so that the approved extended term can be specified in the Letters Patent.

 

Article 8

Where the beginning date of a test ratified by the central competent authority is later than the publication date of the patent, the time period of obtaining the approval certificate shall be calculated from the next day after the test starts.(2004.03)

CYJ/CCS