|Date||September 29, 2011|
First Half Paragraph 1 of Article 93 of the Administrative Procedure Act stipulates that where an administrative authority is conferred with the power of discretion in rendering an administrative disposition, it may add provisions incidental thereto. The incidental provisions are added by means of time limit, conditions, burden, reservation of the right to revoke and the like to the main context of the administrative disposition in order to serve as a declaration of intent by the administrative authority with a function to supplement or limit the effect of the administrative disposition. If an administrative disposition is subject to a condition precedent, it becomes effective on the fulfillment of the condition, and if the same is subject to a condition subsequent, it ceases to be effective on the fulfillment of the condition. Further, upon allowance of an invention patent application, such patent application shall be published only when the patent certificate fee and the first year patent annuity are paid by the applicant within three months from the date of receiving the notice of allowance; if the fees are not paid before the expiration of time limit stated above, no publication shall be made and no patent right has existed from the very beginning. Patent right is thus granted and a patent certificate thereof is issued to an allowed invention patent application from the date of its publication. The aforementioned are stipulated in Paragraphs 1, 2 of Article 51 of the Patent Act. Pursuant to the above stipulations, it is clear that a notice of allowance regarding an invention patent application is an administrative deposition subject to a condition precedent stipulated in Subparagraph 2 of Paragraph 2 of Article 93 of the Administrative Procedure Act, wherein an allowed patent application shall be published and a patent right shall be resulted therefrom only when the patent certificate fee and the first year patent annuity are paid by the applicant within three months from the date of receiving the notice of allowance. In other words, there is a period of at least three months for the applicant to thoroughly conduct a proofreading upon the contents disclosed in the claims and the specification of the allowed invention patent application after receiving the notice of allowance. As a result, if there is any inconsistency between the allowed contents and the contents originally filed, the applicant can always file an amendment or a request to cancel the allowance so as to re-initiate the examination with the Specific Patent Agency duly before the administrative deposition becomes effective, that is, before the relevant fees are paid within the aforesaid deadline.
|Relevant statutes||First Half Paragraph 1 and Subparagraph 2 of Paragraph 2 of Article 93 of the Administrative Procedure Act, Paragraphs 1, 2 of Article 51 of the Patent Act|
- Release Date:2020-11-13