Patent Act Article 115

Request for technical evaluation reportAfter a patent application for utility model is published, any person may file a request with the Specific Patent Agency for a technical evaluation report of the utility model patent.The Specific Patent Agency shall publish the request for the technical evaluation report of the utility model patent in the Patent Gazette.The Specific Patent Agency shall appoint a patent examiner to issue the technical evaluation report of the utility model patent, and the report shall bear the name of the appointed patent examiner.In regard of the request filed pursuant to Paragraph 1, the Specific Patent Agency shall issue the technical evaluation report of the utility model patent with respect to matters set forth in Subparagraph 1, Paragraph 1, Paragraph 2 of Article 22, applicable mutatis mutandis under Article 120, Article 23, applicable mutatis mutandis under Article 120, and Article 31, applicable mutatis mutandis under Article 120.If a request for the technical evaluation report of the utility model patent is made pursuant to Paragraph 1 and stated that the utility model patent is commercially exploited by a party other than the patentee, and relevant document(s) of proof are provided, the Specific Patent Agency shall issue the technical evaluation report of the utility model patent within six (6) months.A request for a technical evaluation report of the utility model patent can still be filed after the utility model patent has become extinguished.Requests filed pursuant to Paragraph 1 shall not be withdrawn.