Patent Act Article 112May 1, 2019

Formality examination "A patent application for utility model undergoing formality examination shall be rejected under any of the following circumstances:

1. where the utility model does not relate to the shape, structure of an article or combination of articles;
2. where there is a violation of Article 105;
3. where there is a violation of Paragraph 4 of Article 26, applicable mutatis mutandis under Article 120;
4. where there is a violation of Article 33, applicable mutatis mutandis under Article 120;
5. where the description, claim(s), or drawing(s) does not disclose the essential matters or the disclosure therein is obviously unclear;
6. where an amendment obviously extends beyond the scope of content disclosed in the description, claim(s) or drawing(s) as filed.

Same Article Laws

Other Related Laws

Patent Act Article 105May 1, 2019

Statutory exclusion

A utility model patent shall not be granted if it is contrary to public order or morality.

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Patent Act Article 26May 1, 2019


The description shall fully disclose the invention in a manner clear and sufficient for it to be understood and carried out by a person ordinarily skilled in the art.

Claim(s) shall define the claimed invention, and more than one claim may be included therein. Each claim shall be disclosed in a clear and concise manner and be supported by the description.

An abstract shall clearly contain a summary of the disclosed invention; it shall not be taken into account for the purpose of determining the sufficiency of the disclosure and the patentability of the claimed invention.

The manners of disclosure for description, claim(s), abstract, and drawing(s) shall be prescribed in the Enforcement Rules of the Patent Act.

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Patent Act Article 33May 1, 2019

Invention Patent

A patent application for invention shall relate to one invention.

Two or more inventions so linked as to form a single general inventive concept may be filed in one application.

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