專利申請人注意 了！今後專利申請書及說明書的內容要完備，才能取得申請日。智慧局在廣徵各界意見之後，修正專利程序審查基準，主要的修正範圍包括釐清申請日的認定，申請 書或說明書的缺漏頁如何處理、以外文本提出補正中文本、申請時未載明申請人無法取得申請日及未審查可申請退費等，均相當重要，目前已公告於智慧局網站。
申請專利時，若專利說明書或圖式有部分欠缺，造成技術揭露的不完整，事後才增補新內容，將以增補之日作為申請日，以維護專利申請品質及對第三人之公平性， 因此，如未檢送申請書、說明書、必要圖式或圖說，或檢送之說明書完全無發明說明或申請專利範圍、圖說完全無圖面者，無法取得申請日，如檢送之說明書中「發 明說明」或「申請專利範圍」有部分缺頁，或圖式或圖面有部分缺漏者，以申請人補正之日為申請日。
另外，以外文本提出申請時，明訂複數外文本、外文本缺漏頁的處理原則，以及補送之中文本應依據申請時的外文本翻譯、外文本不得補充修正等規定，如未於指定 期間內補正中文本者，申請案將不受理；審查時如發現中文本與外文本不一致之情形時，應通知申請人限期補送一致之中文本，逾期未補正或中文本超出申請時外文 說明書（圖說）及圖式所揭露之範圍，自不得以外文本提出之日為申請日，僅能以補正中文本之日為申請日。
再者，如申請人指定代表圖如有不適當的時候，審查人員可以依職權指定或修正，以發揮指定代表圖的功能；而申請人最關心的退費問題，發明申請案於第一次審查 通知前撤回申請案，智慧局將退還實體審查申請費或再審查申請費，對申請人是一項利多；其他程序事項智慧局在修正的過程中，除了考量落實專利法的精神，也配 合專利制度國際調和化的趨勢，參採國際規定，更召開多場公聽會，針對修正議題廣泛徵詢各界的意見，配合我國實務須要，將基準訂定得更周全。修正以後的基準 更符合我國專利法制以及國際規定，實務作法更嚴謹細膩，有助於提升專利程序審查品質，維護專利申請的適法性與公平性！
詳情請參閱智慧局 網站公布欄﹙http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=4762﹚。
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