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Regulations Governing Awards for Inventions and Creations

 

 

Article 1

These Regulations are enacted pursuant to the provisions of Article 138 of the Patent Act.

 

  Article 2

The Patent Authority may set up the National Invention and Creation Award (hereinafter referred to as "the Award") to encourage those who pursue in inventions and creations.

The recipients of the award specified under the preceding paragraph shall be limited to ROC citizens, juridical persons, schools, government organizations, private institutions or groups.

 

  Article 3

Selection and appraisal for the Award may be held annually.
 

Article 4

The Patent Authority may appoint, commission, or designate juridical persons or groups to conduct matters related to this Award.

 

  Article 5

Categories for the Award are as follows:

1. Invention Awards:

Gold Medal: Maximum of five (5) awards each year; each award consists of NT$450,000, an award certificate and a trophy.

Silver Medal: Maximum of ten (10) awards each year; each award consists of NT$300,000, an award certificate and a trophy.

2. Creation Awards:

Gold Medal: Maximum of ten (10) awards each year; each award consists of NT$250,000, an award certificate and a trophy.

Silver Medal: Maximum of thirty (30) awards each year; each award consists of NT$200,000, an award certificate and a trophy.

3. Contribution Awards:

Gold Medal: One (1) winner each year; each award winner will be granted an award certificate and a trophy.

Silver Medal: Two (2) winners each year; each award winner will be granted an award certificate and a trophy.

Bronze Medal: Three (3) winners each year; each award winner will be granted an award certificate and a trophy.

 

  Article 6

The award given shall be to the inventor/creator whose name appears on the patent certification.

In the case where the inventor is a group, the award will be presented to the entire group, unless otherwise provided for in an agreement. In such case, the provisions set out in the agreement shall prevail.

Inventions/creations entered under the Contribution Award may also enter the Invention or Creation Award.

 

  Article 7

Any candidate for the Invention Award shall have obtained the patent right for his or her invention from the Republic of China within four (4) years before the award application deadline.

Any candidate for the Creation Award shall have obtained the patent right for his or her new utility model or new design creation from the Republic of China within four (4) years before the award application deadline.

Inventions/creations that have previously entered in the Award may not enter for the second time.

Inventions/creations that have previously entered and won the Contribution Award may not enter for this category for the second time.

 

  Article 8

Application for Invention or Creation Award shall be completed by the inventors/creators and submitted with the specifications and drawings of the invention, new utility model or new design patent, the patent certificate and the candidate's ROC ID card.

Any documents or information not meeting requirements should be resubmitted within the time limit specified; otherwise the application will not be accepted.

 

 

Article 9

Application for Contribution Award shall be submitted along with a statement describing the number of patents received from the Republic of China or from a member of the WTO within four (4) years before the award application deadline, the product value of the patent, the current status of its usage, any existing measures to encourage employees to engage in invention/creation, and other actual accomplishments.

 

 

Article 10

The Patent Authority shall be open, fair and not be interfered by any organization or third party while handling the operation of the Award.

 

  Article 11

The Patent Authority shall set up an Invention and Creation Appraisal Committee (hereinafter referred to as "the Committee") to be in charge of matters regarding the Awards.

The Committee shall consist of 25 to 37 members. The Chair of the Committee shall be assigned by the Patent Authority; whereas the remaining members shall be scholars, specialists, and representatives from relevant competent authorities appointed by the Patent Authority.

Members of the Committee are of unpaid-posts. However, members may be remunerated with examination fee, attendance fee, and transportation fee for their services during the selection and appraisal period in accordance with relevant regulations.

The Committee may be further subdivided into smaller sub-committees to handle different categories of the competition.

Appraisal standards and related matters shall be decided by the Committee.

 

 

Article 12

The Appraisal Committee Meeting shall be convened and presided over by the Chair of the Committee. In the event that the Chair of the Committee is unavailable, he/she shall designate a member to preside over the meeting or the members shall select one in his/her place.

 

 

Article 13

The Appraisal Committee Meeting shall commence only with a quorum attended by no less than half of the Committee members. Any resolution made at the Meeting must be reached by no less than half of the attending members.

 

 

Article 14

The Committee shall not issue any statement externally. Any resolution reached at the Meeting shall be ratified and announced by the Patent Authority.

 

  Article 15

The selection and appraisal procedures for the Award are as follows:
  1. Preliminary Round: After all entries have been reviewed by the Committee, twice the number of final award recipients shall be selected for each category to enter the final round.
  2. Final round: After an on-the-spot evaluation or the candidates' presentation, the Committee shall select among the candidates chosen from the preliminary round the final award recipients.
  Article 16

In the event that no entry qualifies for the Award, the awards may be omitted.

The qualifications referred to in the preceding paragraph shall be made at the Appraisal Committee Meeting.

 

  Article 17

The Patent Authority shall offer subsidy to any invention/creation that has taken part in and received Gold, Silver or Bronze Medal Award from any renowned international invention exhibition within four (4) years of its patent right approval from the ROC. Related documents and certificates should be provided to the Patent Authority to apply for subsidy for shipment, round-trip air tickets and other related expenditures. The amount of the subsidy shall be as follows:

1. Asia: Maximum NT$20,000.

2. America: Maximum NT$30,000.

3. Europe: Maximum NT$40,000.

Any person who has participated in the same renowned international invention exhibit with two or more inventions/creations shall be subsidized according to the provisions referred to in the preceding paragraph. In the event that the invention/creation has previously been subsidized, the said invention/creation may not apply for subsidy as entry under the same renowned international invention exhibit.

The "renowned international invention exhibition" referred to in Paragraph One shall be announced by the Patent Authority

Inventors/creators who meet the requirements for subsidy referred to in Paragraph One shall apply for subsidy the same year the exhibition is held.

 

 

Article 18

The Patent Authority may organize a national invention and creation exhibition.

 

 

Article 19

Any invention/creation entry in the Award or other renowned international invention exhibition whose patent right has been revoked, or whose relevant certificates or documents plagiarize other invention/creation or are falsified, the Patent Authority shall revoke the award credentials or cancel the subsidies. In such event, the recipient must forfeit and return all awards or subsidies received.

 

 

Article 20

The Patent Authority reserves the right to adjust accordingly any award or subsidy provided in these Regulations based on its budget allowance.

 

 

Article 21

The Patent Authority shall prescribe all competition information, registration forms, required documents, and other related requirements.

 

 

Article 22

These Regulations shall come into force from the date of promulgation.

 

 

Last Update :2005/9/29

 
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