Implementing Regulations of the Patent Act

Announced on Sept. 26, 1947 by the Executive Yuan order
Enforced on Jan. 1, 1949
Amended & Announced on Aug. 16, 1958 by the Executive Yuan Order
Amended & Announced on Aug. 22, 1973 by the Ministry of Economic Affairs (MOEA) Order
Amended & Announced on Oct. 2, 1981 by the MOEA Order
Amended & Announced on April 18, 1986 by the MOEA Order
Amended & Announced on July 10, 1987 by the MOEA Order
Amended & Announced on Oct. 3, 1994 by the MOEA Order
Amended & Announced on Nov. 6, 2002 by the Ministry of Economic Affairs (MOEA) Order No. Jing-Zhi 09104625840

Rule 1
These Implementing Regulations are formulated pursuant to Article 133 of the Patent Law (hereinafter referred to as the Law).
Rule 2
Any application to be filed in accordance with the provisions of the Law shall be in a written form and shall be affixed with the signature or seal of the applicant, or may be affixed only with the signature or seal of the patent agent, if already appointed. If the Patent Office deems it is necessary, request may be required, by a notice, to submit the personal identity card or the Certificate of Incorporation of the applicant.
Where Chinese translation of a scientific terminology has been made and published by the National Institute for Compilation and Translation such official translation shall prevail; nevertheless, in the absence of such official translation or if it is deemed necessary, the Patent Office may request the applicant to annotate to the terminology written in Chinese with its original foreign version.
The application and all relevant documents submitted shall be in Chinese. In case any evidentiary document is written in a foreign language, the Patent Office may, as it is deemed necessary, request the applicant to submit a full text Chinese translation or a Chinese translation of an excerpt thereof.

Rule 3
Any certifying document which should be submitted in pursuant to the Law and these Implementing Regulations shall be the original version thereof.
Upon clarifying that photocopied certifying document is identical with the original, the applicant may submit the photocopy in stead. However, if the photocopy of the certifying document is provided as the evidence of opposition or an invalidation.
When the original version of a certifying document has been verified by the Patent Office as correct and error-free, it may be returned to the applicant.  

Rule 4
The date of receipt shall be the date on which the Patent Office receives the document and articles submitted by the applicant; however, if the delivery thereof is made via registered mail, the date of receipt shall be the date of mailing indicated by the postmark on the envelope.
Rule 5
With regard to the time period(s) specified in the Law and these Implementing Regulations, an applicant may, prior to the expiration thereof, make a request to the Patent Office for an extension of a time limit.
Rule 6
In case there is any change in the name or title, seal, residence or business office of an applicant, the applicant concerned shall accompanied by certifying document(s), request the Patent Office to make a change.  
Rule 7
When the applicant appoints a patent agent, a Power of Attorney shall be submitted to the Patent Office to specify the extent of power conferred upon the agent and the address to receive service.
The number of patent agent shall not exceed three(3) persons.
If two or more patent agents are appointed, each of them may act on behalf of the applicant severally.
In the event of the appointment violates the provision of the preceding Paragraph, the patent agent still may act on behalf of the applicant severally.
The patent agent may, through his consent , appoint other person as his subagent. If the powers or agents are changed, unless a written notice is submitted to the Patent Office, such change shall not come into effect to the Patent Office.
Any change in patent agent's address or seal shall be reported to the Patent Office for correction.
The applicant may submit a written trust to designate a third person as recipient.

Rule 8
An application for record of change of applicant under Article 10 of this Law, a written agreement with respect to the entitlement to the right of filing patent application or the related evidential documents shall be submitted.
An application for record of change of patentee under Article 10 of this Law, a written agreement with respect to the ownership of the patent right or the related evidential documents, and a patent certificate shall be submitted.  

Rule 9
An application for record of change of applicant due to succession of the right to apply for patent, a request shall be submitted together with the following documents:

  1. In the event of the change of name due to assignment, the Deed of Assignment of the right to apply for patent or the evidential documents provided by the assignor. However, if the assignment is made due to merger or purchase of companies, the evidential documents for the merger or the purchase.
  2. In the event of the change of name due to inheritance, the documents certifying the death and the inheritance.  

Rule 10
If the application does not conform statutory form of procedure and have to be supplemented, the Patent Office shall notify the applicant to make supplement within the prescribed period; if the supplement is not made within the prescribed time limit or the supplement is still incomplete, the application shall be dealt with according to provision of Paragraph 1, Article 18 of this Law.

Rule 11
While applying for reinstatement under Paragraph 2 of Article 18 of this Law, the applicant shall submit to the Patent Office and application stating the reasons for the delay and the reasons for extinguishment with date accompanied with evidential document(s).  

Rule 12
In applying for an invention patent or a utility model patent, the request shall contain the following items:
1. Title of invention or utility model.
2. Name, domicile/residence of the inventor or creator.
3. Name or title, nationality, domicile/residence or office address of the applicant; if a representative is appointed, the name of the representative.
4. If a patent agent is appointed, whose name and office address.
Under any one of the following circumstances, a statement shall be made in the request:
1. To claim the facts provided in proviso of Item 1 or 2, Paragraph 1 of Article 20, the proviso of Item 1 or 2, Paragraph 1, Article 98 of this Law.
2. To claim priority stipulated in Paragraph 1, Article 24 of this Law.
3. To claim priority stipulated in Paragraph 1, Articles 25-1 of this Law.
4. To apply for an invention patent relating to new species of microorganism or utilizing microorganism.

Rule 13
Specifications of an invention patent or utility model patent shall contain the following items:

  1. Title of invention or utility model.

  2. Name and domicile/residence of the inventor or creator.

  3. Name or title, domicile/residence or office address of the applicant; if a representative is appointed, the name of the representative.

  4. For a patent application claiming priority under Paragraph 1, Article 24 of this Law, the name of a foreign country in which the first patent application is filed, its application number and the filing date.

  5. For a patent application which has already been filed in a foreign country, the application number and the filing date in the said foreign country.

  6. For a patent application claiming priority under Paragraph 1, Article 25-1 of this Law, each of the application numbers and the filing dates.

  7. The facts provided in the proviso of Item 1 or 2, Paragraph 1 of Article 20, or the proviso of Item 1 or 2, Paragraph 1 of Article 98 of this Law.

  8. When an invention patent application is filed which relates to new species of microorganism or utilizing microorganism, the specification shall contain the title of its deposit institute, as well as the date and serial number of the deposit; if the deposit has already been made in the foreign deposit institute before filing of application, the title of the foreign deposit institute, the date and serial number of the deposit shall be stated. In the case where a deposit of a microorganism is not necessary, the source to obtain such microorganism must be stated.

  9. Abstract of invention or utility model.

  10. Description of invention or utility model.

  11. Claim(s)
    Title of the invention or utility model should be in conformity with the contents of its claim(s), no irrelevant wording is allowed.
    If necessary, the Patent office may notify the applicant to submit within prescribed period search information or data relating to result of examination on the patent application in the foreign country provided under Item 5, Paragraph 1of this Rule; if the applicant does not state clearly the filing date, the application number of the foreign application; or failure to submit the search information or the data relating to result of examination on the patent application in the foreign country, the Patent Office may continue to proceed with the examination based on the data and information currently available.  

Rule 14
Abstract of invention or utility model shall state clearly the summary of contents disclosed in the invention or the utility model, the contents are limited to the technical problems to be solved, the technical means to solve the problems and the main use; in principle the text shall not exceed 250 words; if there is chemical formula(s), the formula(s) which can mostly represent the distinctive features of an invention shall be disclosed.

The abstract of the invention or the utility model shall not contain any commercial propaganda wordings.  

Rule 15
A description of invention or utility model shall state clearly the following items:

  1. Technical field(s) to which the invention or the utility model relate(s).

  2. Prior art(s): indicating as far as known to the applicant, and preferably submitting the related information of that prior art(s).

  3. Contents of the invention or the utility model: the technical problems to be solved, the technical means to solve the problems and the advantageous effects if any reference to the prior art(s).

  4. Mode of carrying out the invention or utility model: indicating at least one mode of carrying out the invention or utility model, where appropriate, this shall be done in terms of examples, and with reference to the drawings, if any.

  5. Brief description of the figures in the drawings: if the specification is accompanied with drawings, it must be made in concise words to describe the figures and reference numerals of major components thereof according to the order of the figures.

The description of the invention or the utility model shall be written according to the order and manner as prescribed in each item of the preceding Paragraph, and preceded by a heading, unless, because of the nature of the invention or utility model, a different order and manner would result in a better understanding.
An invention patent which contains one or more sequence of nucleotides or amino acids, the listing of sequence shall be separately given in the description in accordance with the format prescribed by the Patent Office, the electronic document corresponding to the said format may be submitted.
When an invention patent application is filed which relates to new species of microorganism or utilizing microorganism, information that must be given includes its scientific terminology, bacteriological features and necessary genome map.  

Rule 16
The claims of an invention or a utility model may be expressed in more than one independent claims; the number of claims shall be in conformity with the contents of the invention or creation. If necessary, it may have more than one dependent claims.

The independent claims and the dependent claims shall be arranged in numerical order according to their dependent relations; a dependent claim may only depend on its preceding independent claim or dependent claim.
An independent claim shall contain the title of the claimed the subject matter and the constitution, necessary technical contents and the features for working.
A dependent claim shall state clearly the number and the title of the claimed subject matter of the claim on which it depends, and the technical features other than the claim on which it depends.
A dependent claim depending on two or more than two claims shall be called a multiple dependent claim and expressed in the alternative only.
A dependent claim may refer to other dependent claim(s); however, any direct or indirect dependence is not allowed among multiple dependent claims.
An independent or a dependent claim shall be expressed in a single sentence and the contents thereof shall not be expressed only by referring to the line numbers of the description or reference numerals of figures.
The claims may contain the technical terminology in the claims shall be consistent with that used in descriptions, chemical or mathematical formula but no drawings.  

Rule 17
The drawings of an invention or a utility model shall be drawn clearly based on engineering drawing method, when each drawings is scaled to two-thirds, the components in the drawings still can be clearly distinguished.
The drawings must be annotated with figure numbers and reference numerals, and shall not contain descriptive words, unless otherwise indispensable.
The drawings must be arranged according to the order of the figures. The figure which is most suitably express the technical feature of the invention or utility model shall be taken as the representative figure.  

Rule 18
In the event of any shortage of page or omission in description or drawings, if the amendment thereof has been contained in the earlier application which a priority right was claimed, the original filing date of the application shall be retained.  

Rule 19
The period of twelve (12) months as prescribed in Paragraph 1, Article 24 of this Law shall be counted from the day following the date on which the foreign application was first filed to the filing date as prescribed in Article 23 of this Law.
The period of six (6) months as prescribed in Paragraph 2, Article 122 of this Law shall be counted from the day following the date on which the foreign application was first filed to the filing date as prescribed in Article 113 of this Law.  

Rule 20
The terms "the day following the filing date" as prescribed in Paragraph 2, Article 25; Item 1, Paragraph One, and Paragraphs Two through Four, Article 25-1; Paragraph 2, Article 26; Paragraph 1, Article 36-2 of the Law shall be the day following the filing date as prescribed in Article 23 of this Law.  

Rule 21
The documents evidencing the acceptance of the corresponding application by the foreign government in accordance with Paragraph 2, Article 25 of this Law shall be the original, a substitute of the photocopy is not allowed.
The documents justifying the identicalness of the subject matters as provided in Paragraph 2, Article 25 of this Law shall include the certified document which is sufficient enough to acknowledge the application number in the foreign country.  

Rule 22
In the event of an invention or utility model patent application is divided into two or more separate divisional applications, the following documents accompanied with a request shall be submitted for each divisional application:
1. Specification and necessary drawings.
2. The original applications and necessary drawings as well as the specification and necessary drawings after amendment.
3. The specification and necessary drawings of other divisional application(s) if any.
4. Where the same priority of the original application is claimed, the certified document of priority of the original application.
5. Where the original application claims the facts provided in the provisos of Items 1 and 2, Paragraph 1 of Article 20 of this Law, or the provisos of Items 1 and 2, Paragraph 1, Article 98 of this Law, the certified documents.
6. The Oath Assignment and Power of Attorney of the original application.
Where the same priority of the original application is claimed, a statement shall be made for each divisional application.  

Rule 23
For a patent application filed in accordance with the provisions of Articles 34 and 35 of this Law, Article 105 shall apply mutatis mutandis to Article 34 or Article 35, and Paragraph 1, Article 122 shall apply mutatis mutandi to Article 34 or Article 35; the applicant shall submit to the Patent Office the request accompanied with the specification, the necessary drawings or the description of the drawings of the original application, and the photocopy of the decision on opposition/invalidation.  

Rule 24
When an invention patent application is laid open by the Patent Office, the following items shall be opened currently:

  1. Application number.

  2. Number of laying open.

  3. Date of laying open.

  4. The international patent classification code.

  5. Filing date.

  6. Title of invention.

  7. Name(s) of inventor(s).

  8. Name or title, domicile/residence or office address of the applicant.

  9. If a patent attorney is appointed, the name of the said attorney.

  10. Abstract of invention.

  11. Drawing which can represent mostly the technical feature of that invention.

  12. For a patent application claiming priority under Paragraph 1, Article 24 of this Law, the name of a foreign country in which the first patent application is filed, its application number and the filing date.

  13. For a patent application claiming priority under Paragraph 1, Article 25-1 of this Law, the application number and the filing date of each application.

  14. Whether a request for substantive examination is filed.
    Any person may apply for inspection, transcript, photographing, or making copies of the specifications or drawings of the application which is laid open.  

Rule 25
When applying for a substantive examination on an invention patent application, a request shall be submitted, stating the following items:
1. Application number.
2. Title of invention.
3. Name or title, nationality, domicile/residence or office address of the applicant of the substantive examination; if a representative is appointed, the name of the representative.
4. If a patent attorney is appointed, the name and office address of the patent attorney.
5. Whether he is the patent applicant.  

Rule 26
When applying for preferential examination on an invention patent application, a request shall be submitted, stating the following items:
  1. Application number and number of laying open.
  2. Title of invention.
  3. Name or title, nationality, domicile/residence or office address of the applicant who applies for the preferential examination; if a representative is appointed, the name of the representative.
  4. If a patent attorney is appointed, the name and office address of the patent attorney.
  5. Whether he is the patent applicant.
  6. A statement with respect to the status of commercial practice; if there is an agreement, the practicing of the agreement.

If the invention application which applies for preferential examination has not yet requested for a substantive examination, a request for substantial examination shall be made as prescribed in the preceding Paragraph.
The related evidential documents which shall be submitted according to the provision of Paragraph 2, Article 36-4 of this Law are the written notification, advertising catalogues or other written information about the fact of commercial practice provided under the provision of Paragraph 1, Article 36-5 of this Law.  

Rule 27

When a patent application is granted, the following items shall be published in the official gazette of "PATENTS":
1. Publication number.
2. Publication date.
3. Number and date of laying open with respect to the invention patent application.
4. The international patent classification code.
5. Filing date.
6. Application number.
7. Title of invention patent, utility model patent, or title of the article of design patent.
8. Name of the inventor(s) or the creator(s).
9. Name or title, domicile/residence or office address of the applicant.
10. If a patent attorney is appointed, the name of the said attorney
11. Claims and drawings of the invention patent or the utility model patent; claims and drawings of the design patent.
12. Brief description of the drawings or description of figure(s);
13. For a patent application claiming priority under Paragraph 1, Article 24 of this Law, the name of a foreign country in which the first patent application is filed, its application number and the filing date.
14. For a patent application claiming priority under Paragraph 1, Article 25-1 of this Law, the application number and filing date of each application.
15. When an invention patent application is filed which relates to new species of microorganism or utilizing microorganism, the name of its deposit institute, as well as the date and serial number of the deposit.  

Rule 28

When amendment of specification or drawings are submitted according to Paragraphs 1 to 4, Article 44-1 or Item 3 of Paragraph 1 and Paragraph 3, Article 102-1 of this Law, an application shall be submitted accompanied with the following documents:
1. The specification on which the portions of amendment are underlined, or the amended page(s) of the drawings.
2. The specification without underlines after amendment, or for the replacement pages of the drawings; in case the page numbers of the original specification or drawings are not continuous because of such amendment, a complete set of specification or drawings after amendment shall be submitted.  

Rule 29
When the Patent Office notifies the patent applicant to appear for an interview, to perform experiment(s), to supplement model(s) or sample(s), or to amend specification, drawings or description of figures; failure to act within the described term, or failure to act according to the contents of notification, the Patent Office may continue to proceed with the examination based on the existing data.  

Rule 30
The wordings "prior to the filing of application" referred to in Items 2 and 3 of Paragraph 1 of Article 57, Paragraph 1 of Article 91, Article 105 applies mutatis mustandis to Items 2 and 3, Paragraph 1 of Article 57, and Items 2 and 3, Paragraph 1 of Article 118, mean prior to priority date, if priority is claimed under Paragraph 1 of Article 24 or Paragraph 1 of Article 25-1 of this Law.  

Rule 31
The wordings "original enterprise" referred to in Paragraph 2 of Article 57 and Paragraph 2 of Article 118 of this Law mean "the scale of enterprise prior to filing of application" in the case of Item 2, Paragraph 1 of Article 57 and Item 2, Paragraph 1 of Article 118; and "scale of enterprise prior to filing of invalidation" in the case of Item 5, Paragraph 1 of Article 57 and Item 5, Paragraph 1 of Article 118.

Rule 32
The wordings "the areas in which sale can be made" referred to in Paragraph 2 of Article 57 and Paragraph 2 of Article 118 of this Law shall be determined by the Court on the basis of agreement on the contract, real intention of the parties concerned, customary practice in trading, or other objective facts accordingly.  

Rule 33
In applying for patent right assignment registration and issuance of a new patent certificate, a request together with the original patent certificate and the patent right assignment agreement or other document(s) certifying the assignment shall be submitted.
Where the request for patent right succession registration and issuance of a new patent certificate is caused by merger or purchase of companies, the supporting documents to be required shall be the documents certifying the company merger or purchase of companies.  

Rule 34
In applying for patent right entrustment registration and issuance of a new patent certificate, a request together with the original patent certificate and accompanied by the following documents shall be submitted:
1. For registration of patent right entrustment, the entrustment agreement or the document(s) certifying such entrustment arrangement.
2. For entrustment deregistration after the patent right at issue has been obtained by the trustee upon extinguishments of the trust relation, the entrustment agreement or the document(s) certifying the extinguishments of the trust relation.
3. For entrustment attribution, registration after the patent right has been attributed to a third party upon extinguishments of the trust relation, the entrustment agreement or the document(s) certifying the right attribution by trust.
4. For alteration of other matters in the patent right entrustment registration, the document(s) certifying such alteration.  

Rule 35
In applying for license registration of patent right, the patent right owner shall submit a request accompanied by the licensing agreement or the document(s) certifying such license.
The licensing agreement or the certifying document(s) to be submitted under the preceding Paragraph shall state the scope, area and term of license; the term of license shall be limited within the duration of the patent right.  

Rule 36
In applying for pledge registration of a patent right, a request together with the patent certificate and accompanied by the following documents shall be submitted:
1. For registration of pledge created on patent right, the pledge creation agreement.
2. For registration of alteration in the pledge, the document(s) certifying such alteration.
3. For registration of extinguishment of the pledge on patent right, the document(s) certifying the full discharge of pledged liabilities, or the evidential document(s) certifying the consent of all parties involved to the deregistration of pledge.
The pledge creation agreement as required in the Item 1 preceding Paragraph shall indicate title of the invention, utility model, or the title of the article with new design, the number of the patent certificate, and the amount of obligation by the pledge; and the term of the pledge shall be limited to not exceeding the term of the patent right.
In disposal of the registration prescribed in Paragraph 1, the Patent Office shall have the relevant particulars annotated in the patent certificate and its patent register.  

Rule 37
In applying for succession registration of patent right and issuance of a new patent certificate, a request annexed thereto with the documents certifying the death of the patent owner and the succession, and the original patent certificate shall be submitted.

Rule 38
When the patentee of an invention patent or a utility model patent applies for correction of the specification or drawings, an application shall be submitted, accompanied with the following documents:
1. Corrected specifications on which the portions of correction are underlined, or the corrected pages of drawings.
2. Specifications without underlines after correction, or the replacement pages of the drawings; if the page numbers of the original specification or drawings are not continuous because of such correction, a complete set of specification or drawings after correction shall be submitted.
When the correction is approved, and the particulars mentioned in the patent certificate should be corrected, the applicant shall apply for issuance of a replacement patent certificate accompanied with the original patent certificate.  

Rule 39
In applying for dividing the patent right into separate patents, an application for each divisional application shall be submitted indicating the serial number of patent certificate, and accompanied with the following documents:
1. Specification and necessary drawings, or description of the drawings.
2. An original patent and specification and necessary drawings or a description of drawings after division.
3. If there are other divisional applications, the specifications and necessary drawings or descriptions of drawings of each other divisional application;
4. The Oath & Assignment and Power of Attorney for the original patent.
If the divisional patent right is approved, the applicant shall apply for issuance of a replacement patent certificate accompanied with the original patent certificate.  

Rule 40
The patent register shall contain the following information:

  1. The title of invention, the title of model utility, or the article of design.

  2. The term of the patent right.

  3. Name or title, nationality, domicile/residence or office address of the patentee.

  4. If a patent attorney is appointed, the name and office address of the said attorney.

  5. Filing date and application number.

  6. For a patent application claiming priority under Paragraph 1, Article 24 of this Law, the name of a foreign country in which the first patent application is filed, its application number and the filing date.

  7. For a patent application claiming priority under Paragraph 1, Article 25-1 of this Law, each of the application numbers and the filing dates.

  8. Date of granted patent and publication number.

  9. Filing dates, date of granted patent and publication number of an associated design application.

  10. The date of patent assignment or recordal through inheritance, and name or title of the assignee and successor.

  11. The date of recordal of trust, cancellation or reversion of patent right, and names or titles of the truster or trustee.

  12. Name or title of the licensee and date of license registration.

  13. The date of recordal of creation, change or extinction in a pledge of patent and name or title of the pledgee.

  14. Name or title, nationality, domicile/residence or office address of the licensee, and the date of approval or revocation of a license.

  15. Cause(s) and date of issuance of a new patent certificate.

  16. Patent term extension or prolongation and the date of approval.

  17. The cause(s) and its date for the extinguishment or revocation of a patent.

  18. Name of the deposit institute, the date and serial number of the deposit.

  19. Other statutory rights and matters related to the patent.  

Rule 41
In applying for a compulsory license, a request shall be submitted accompanied with its detailed project for practice, the cause of applying for the compulsory license and its related documents.
In applying for termination of a compulsory license, a request shall be submitted accompanied with the document(s) evidencing the extinguishment of the cause the compulsory license.

Rule 42
In applying for cancellation of a compulsory license, the patentee shall indicate facts of violation of the purpose of the compulsory license shall be stated and submitted, accompanied with evidential documents.  

Rule 43
After an invention, utility model or new design has been granted and published, and before examination decision becomes irrevocable, the words "ad interim patent approved" or the publication number may be affixed to the article concerned or its package.  

Rule 44
Marking of a patent certificate number as approved in Article 82 of the Law shall not be made after the patent is extinguished or its revocation becomes irrevocable.  

Rule 45
In case a patent certificate is destructive, lost or damaged to the extent no longer usable, the patentee shall apply for issuance of a replacement or a new certificate by stating reasons in writing; and the damaged certificate shall be returned to the Patent Office.  

Rule 46
In applying for a new design, the application shall contain the following items:

  1. The title of the article applied to the new design.

  2. Name and domicile/residence of the creator.

  3. Name or title, nationality, domicile/residence or office address of the applicant; and the name of the applicant's representative if appointed.

  4. If a patent agent is appointed, whose name and office address.

Under any one of following circumstances, a declaration shall be made on the application:

  1. To claim the facts provided in the provisos of Item 1 and Item 2, Paragraph 1 of Article 107 of this Law.

  2. To claim priority stipulated in the provision of Article 122, which shall apply mutatis mutandis to Paragraph 1,Article 24 of this Law.  

Rule 47
The specification and drawings of a new design shall contain the following items:

  1. Name of an article for the design.

  2. Name and domicile/residence of the creator;

  3. Name or title, nationality, domicile/residence or office address of the applicant; if a representative is appointed, the name of the representative.

  4. To claim priority under Paragraph 1, Articles 24 of this Law, to which Article 122 shall apply mutatis mutandis, the name of a foreign country in which the first patent application is filed, its application number and the filing date.

  5. For a patent application which has already been filed in a foreign country, the application number and filing date in the said foreign country.

  6. The facts provided in the provisos of Item 1 or Item 2, Paragraph 1 of Article 107 of this Law.

  7. Description of new design.

  8. Claim.

  9. Description of figures in drawings.

  10. Drawings.

In applying for a new design, a drawing card in duplicate which appears either the perspective view or the most representative figure of design shall be submitted.
If necessary, the Patent office may notify the applicant to submit within prescribed period search information or data relating to result of examination on the patent application in the foreign country provided under Item 5, Paragraph 1of this Rule; if the applicant does not state clearly the filing date, the application number of the foreign application; or failure to submit the search information or the data relating to result of examination on the patent application in the foreign country, the Patent Office may continue to proceed with the examination based on the data and information currently available.  

Rule 48
The title of the article for the new design shall clearly designated the article to which the design applied, no irrelevant words shall be appended; if the article is a component, a statement of the article in which assembly incorporated shall be included.

The description shall indicate the designed use of the article and the characteristics of the new design. In case the appearance of the article shown in the drawings will change on account of the character of different materials used, the adjustment of function, or change of state of use, a concise description shall be provided. Where any reference figure, which disclose other than the subject matter of the new design, is included in drawings, a description shall be provided.

The claim of the new design, should be in formal terms as "The new design for a (the title of the article for the new design) as shown."

The description of figures shall be concise, if there is any omission due to the identity or symmetry of figures, it shall be annotated clearly.  

Rule 49
Drawings of a new design shall be shown in a perspective view and six views (i.e. the front, rear, left side, right side, top and bottom), or in more than two perspective views, in addition auxiliary drawings are allowed if any. However, if the new design is applied to a boundless plane in form, a plan and pattern element of design shall be submitted, the perspective view may be omitted.

Drawings shall be drawn in accordance with engineering drawing method and shall be clearly illustrated by ink drawings, photographs or computer printouts; if color is claimed, the color scheme showing the colors applied to the article shall be submitted with the statement of the industrial color guide codes of all colors, or with color cards.

Drawings shall be annotated with figure numbers; and if the disclosure in any figure is other than the subject matter of the new design, such figure shall be annotated as reference figure.  

Rule 50
When supplement or amendment of description of the drawings is made according to Item 3, Paragraph 1 and Paragraph 3 of Article 116 of this Law, an application shall be filed, accompanied with the following documents:
1. The amended pages of description of the drawings, on which the portions of supplement or amendment are underlined;
2. A Complete set of description of the drawings without underlines after supplement or amendment. However, in case the supplement or amendment is made only to the drawings, a complete set of drawings after supplement or amendment shall be submitted.  

Rule 51
When a patentee of a design patent applies for correction of description of the drawings, an application shall be filed, accompanied with the following documents:
1. The corrected pages of description of the drawings, on which the portion of correction are underlined.
2. A Complete set of description of the drawings without underlines after correction. However, in case the correction is made only to the drawings, a complete set of drawings after correction shall be submitted.
When the correction is approved, and if the matters mentioned in the patent certificate shall be corrected, the applicant shall apply for re-issuance of a patent certificate by submitting the original Letters Patent.  

Rule 52
In applying for an associated new design, the application number of the original design patent shall be mentioned in an application, accompanied with one copy of specification and drawings of the original design.
The Patent Office shall grant the patent right of the associated design patent after the patent right of the original design application is granted. When an associated design patent is granted, such an effect shall be annotated on the original patent certificate.
The provisions of the preceding six (6) Rules shall apply mutatis mutandis to the associated design.

Rule 53
In the event of a design application is divided into two or more separate applications, each divisional application shall submit the following documents accompanied with an application:
1. Description of the drawings.
2. Original application and description of the drawings after amendment.
3. If there are other divisional applications, description of the drawings of each divisional application.
4. Where an application claims priority of the original application, the certified document of priority of the original application.
5. The certified documents if the original application claims the facts provided in the provisos of Item 1 or 2, Paragraph 1 of Article 107 of this Law.
6. The Oath & Assignment and Power of Attorney of the original application.
Where an applicant claims priority of the original application, a declaration shall be made to the application for each divisional application.  

Rule 54
All applications made according to this Law and these Implementing Regulations of the Patent Law shall use the forms designated by the Paten Office; the formats and numbers of which shall be prescribed by the Patent Office.  
Rule 55
These Rules shall come into force as from the date of promulgation.