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Senior Professional and Technical Examinations Regulations for Patent Attorneys

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Establishment of full text of 20 articles, promulgated on January 2, 2008 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 09700000371.
Amendment to Article 15, promulgated on March 18, 2009 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 09800021001.
Amendments to the full text of 14 articles, promulgated on April 30, 2012 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10100037121.
Amendment to Article 6, promulgated on January 7, 2013 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10200001791.
Amendments to Articles 1, 4, and 10, promulgated on August 6, 2013 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10200066911.
Amendments to Articles 6 and 9, promulgated on October 21, 2016 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10500035731.
Deletions of Articles 12 and 13 and replacement of Article 12 with Article 14, promulgated on March 24, 2017 as per Examination Yuan Kao-Tai-Zu-(1)-Yi-Zi Order No. 10600015091.


The text of these Regulations is as follows:


Article 1

These Regulations are established as per Article 11, Paragraph 1 of the Professional and Technical Personnel Examinations Act.


Article 2

Senior Professional and Technical Examinations for Patent Attorneys (“the Examination”) is administered annually and may be held at other times when necessary.


Article 3

The Examination is administered in written format.


Article 4

No candidate who meets conditions referred to in Article 4, Paragraph 1 of the Patent Attorney Act may take the Examination.


Article 5

R.O.C. citizens who meet any one of the following may register for the Examination:

1. Have graduated from a division, department, program, or institute in areas of science, technology, medicine, agriculture, life science, biotechnology, intellectual property rights, design, law, information, management, and business at a public or a registered private university of the Republic of China or at a foreign institute recognized by the R.O.C. Ministry of Education.

2. Have passed a junior technical examination and have served in a relevant position for no less than four years, with documents certifying the service.


Article 6

The exam subjects include the following:

1. Patent laws and regulations

2. Laws and regulations concerning patent administration and relief

3. Patent review standards and practice

4. General physics and chemistry

5. Professional English or Japanese

6. Engineering mechanics, biotechnology, electronics, physics and chemistry, industrial design, or computer architecture

7. Patent attorney practice

Format of all subjects in the preceding paragraph:

1. Patent laws and regulations, laws and regulations concerning patent administration and relief, patent review standards and practice, and professional English and Japanese consist of both essay and multiple choice questions.

2. General physics and chemistry consists of multiple choice questions.

3. Engineering mechanics, biotechnology, electronics, physics and chemistry, industrial design, computer architecture, and patent attorney practice consist of essay questions.


Article 7

When registering, candidates should submit the following documents and fees by mail:

1. Registration form.

2. Proof of exam eligibility or approval for partial exemption.

3. Copy of citizen identification card.Overseas Chinese should submit their Overseas Chinese Identity Certificate issued by the Overseas Community Affairs Council, or submit their valid R.O.C. passport with approval from an overseas embassy or consulate, representative office, economic and cultural office, or other agency authorized by the Ministry of Foreign Affairs (hereinafter “Overseas Missions”) proving them to be R.O.C. nationals residing in a foreign country.

4. A 2.5-cm by 3.5-cm close-up photograph showing the head and top of the shoulders. Head coverings should not be worn and the photo should be taken within one year.

5. Registration fee.

6. Other documents.

Documents and fees for online registrations should be submitted in accordance with guidelines found in the Examination Information Pack and on the MOEX registration website.


Article 8

For submissions of overseas documents including diplomas, certificates of degree, academic transcripts, credit verifications, copies of regulations, or other relevant verification documents, original documents must be provided along with Chinese translations and copies of verification from overseas missions or from a domestic public notary.

Original copies of the abovementioned documents may be replaced with copies that have been verified to be identical to the original by both a local public notary and an Overseas Mission.


Article 9

The passing score for the Examination is 60 points across all exam subjects. However, in situations where the number of exam takers with a score higher than 60 points is less than the top 16% of all test takers across all exam subjects in Article 6, Paragraph 1, Subparagraph 6, the number of passing examinees should the top 16% of all test takers and should be rounded to the nearest whole number. If two or more examinees at the cutoff level have the same score, both or all will pass.

The passing score in the preceding paragraph is defined as the average score across all exam subjects.

Exam takers who receive a grade of zero on any one of the exam subjects or who receive an average score of less than 50 points will not pass. Absence from an exam session will result in a grade of zero for that subject.


Article 10

Foreign candidates who meet eligibility requirements set out in Article 5, and who do not meet conditions set out in Article 4 may take the Examination.


Article 11

Examination results shall be reported by the MOEX to the Examination Yuan for the issuance of qualification certificates. The Ministry of the Economic Affairs shall be duly informed in writing.

 

Article 12

These Regulations shall come into effect upon promulgation.

In case of any discrepancy between the English version and the Chinese version, the latter shall prevail.


Update: 2022-11-30
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