1. Regarding the legal characteristics of a new model patent technical report, let’s look into the third reason for the amendment of Article 103 of the Patent Act: “3. Paragraph 1 provides that any one may file to the designated patent agency an application for a new model patent technical report. The new model patent technical report functions as a public examination in its nature. So, there should be no special limitation on the qualification of persons who apply for the technical report. Any one should be able to file an application to the designated patent agency to clarify the question of whether such a new model patent satisfies patentability requirements. However, the nature of the new model patent technical report is an agency report without binding authority, is not an administrative order, and is merely a reference for right enforcement or for use of technology. If someone thinks that there are reasons for not granting a new model patent, she should file an opposition according to the amended Article 107 to make the new model patent right revoked.” (See Yuan Zong Zi No. 474, Government Proposal No. 8633, at pages Zheng 109-Zheng 110, in Proposal-Related Documents for 17th Meeting, 1st Session, 5th Term of the Legislative Yuan (May 22, 2002); Review Report and Table of Article Comparison by the Economy and Energy Committee of the Legislative Yuan, at pages Tao 182-Tao 183, in Proposal-Related Documents for 16th Meeting, 2nd Session, 5th Term of the Legislative Yuan.) That is, the legislators obviously had no intent to make the new model patent technical report as binding as an administrative order.

2. As a result, the new model patent technical report is a reference only for the applicant to determine whether the new model patent satisfies patentability requirements. The comparison shown in the new model patent technical report is not binding authority, and it is not considered as an administrative order. The validity of the new model patent will not be affected. A person who asserts that there are reasons to revoke the new model patent should file an opposition according to the rules vested in Article 107 of the Patent Act. The owner of the new model patent should have a chance to present opinions. Due procedural protection should be granted. A decision made after both parties argued and defended is then considered as an administrative order. A person who opposes the order has a right to claim a remedy through an administrative dispute proceeding.

New Model Patent Technical Report, Administrative Order, Binding Authority, Opinion Presentation, Procedural Protection