Certified Patent Attorneys Disciplinary Policy Announced. Disciplinary Committee to Be Formed by Representatives from MOEA, MOJ, Certified Patent Attorneys And Scholars.

E090810Y1・E090807Y1 Sep. 2009（E118）

TIPO announced on 10 August 2009 the disciplinary policy applicable to certified patent attorneys which will replace the patent attorneys regulations established under the third paragraph of Article 11 of the Patent Act.

According to the Certified Patent Attorneys Act, only those who passed the relevant national exam and hold the certified patent attorney’s license may practice as a patent attorney. In consideration of protecting the current practicing patent attorneys’ right to their work, the Certified Patent Attorneys Act provides that the current patent attorneys may within 3 years after the Certified Patent Attorneys Act comes into force request for exemption of the certified patent attorney’s exam and complete the required special training to obtain the certified patent attorney’s license. Those who hold the patent attorney’s license may continue to provide services relating to patent application and prosecution.

According to the certified patent attorneys disciplinary policy as announced, the disciplinary committee will be formed by the representatives from the Ministry of Economic Affairs, the Ministry of Justice, the certified patent attorneys association and scholars. As the certified patent attorneys association is yet to be established, their representatives to the disciplinary committee will be determined by other methods such as by voting as TIPO has proposed.

As of this moment, there are registered a total of 125 certified patent attorneys and 10,200 patent attorneys in Taiwan.

Abstract of the certified patent attorneys disciplinary policy
Organization of the disciplinary committee(Article 2)	The committee will have a total of 9-10 members with 1. an MOEA official appointed by the MOEA to act concurrently as the chairman of the committee; 2. 1 representative appointed by the MOJ; 3. 3 other appointed by the MOEA; 4. 3-4 representatives appointed by the certified patent attorneys; and 5. 1-2 scholars or independent individuals who have the necessary special knowledge.
Term of office of the disciplinary committee members(Article 3)	Each member will hold the office for a term of two years and may be re-appointed.
Disciplinary procedure(Article 7)	Preliminary deliberation and preliminary decision by two committee members which will be referred to deliberation and decision by the committee meeting.
Deliberation(Article 8)	The committee may invite scholars or relevant individuals to attend the relevant committee meeting without the right to vote to hear their opinions.
Deliberation and decision(Article 9)	1. The decision of the committee meeting must be adopted by the majority of the committee members present at the meeting attended by the majority of the committee members. 2. A decision on suspension of practice or disbarment must be adopted by two thirds of the committee members present at the relevant committee meeting attended by two thirds of the committee members.
Others(Articles 11 and 12)	1. The disciplinary procedure will not be suspended on account of ongoing criminal investigation or trial against the certified patent attorney in question; however, the committee may, where necessary, withhold the disciplinary procedure before the criminal proceeding ends with a final judgment with binding effects. 2. Disciplinary action may still be decided against the certified patent attorney in question without regard to the non-indictment or suspension of indictment for him/her on the same offending act in question.