November 23, 2020 Passed by the ORD affairs meeting
August 5, 2022 Promulgation of the amended title and Articles 1 through 6
June 13, 2024 Passed by the ORD affairs meeting
June 18, 2024 Promulgation of the amended Articles 1 through 5
Article 1 Foundation
National Taiwan University (NTU or "the University") formulates the Enforcement Rules for the Management of Research and Development Results and Technology Transfers ("the Enforcement Rules") in accordance with Article 17, Paragraph 1 of the NTU Directives for the Management of Research and Development Results and Technology Transfers ("the TT Directives").
Article 2 Deliberation Procedures for Patent Applications
Pursuant to the patent application and deliberation procedures stipulated in the TT Directives, the inventor shall submit a proposal and self-assessment to the NTU Office of Research and Development (ORD), Center of Industry-Academia Collaboration. The Center will then commission a patent agency to create a patent search report. Subsequently, the Center of Industry-Academia Collaboration of ORD shall provide analysis feedback and submit the aforementioned documents to at least three technical reviewers for review, feedback, and ratings on a patent filing assessment form.
The candidates for the aforementioned technical reviewer shall be recommended by responsible personnel of the Center of Industry-Academia Collaboration at ORD. The inventor may also provide a list of potential reviewers. The final decision shall be made by the Director of the Center of Industry-Academia Collaboration at ORD. At least one of the technical reviewers shall be an external reviewer.
Each technical reviewer shall assess the patent application based on its innovation, potential for technology transfer, market demand, potential technology transfer companies, substitutability in the market, potential value addition, and the inventor's previous patent application and technology transfer records. NTU shall apply for the patent for those who pass the assessment and notify the inventor in writing. If the proposal does not pass the deliberation procedures, the Center of Industry-Academia Collaboration of ORD may, upon the inventor's request, provide the deliberation results for the inventor's reference without disclosing the names of the technical reviewers. However, the inventor may not express dissent.
Article 3 Patent Fees
As stipulated in Article 7, Paragraph 1 of the TT Directives, the fees shall be paid by the inventors in a one-time payment for each stage as follows:
1. Application stage: The expenses incurred between patent application and the granting of the patent (including but not limited to fees incurred for the application, examination, re-examination, and defense procedures).
2. Certification stage
1) Republic of China patents: Certificate fees and maintenance fees for 1 to 6 years
2) Patents of other nationalities: Their official fees and payment timelines shall prevail.
3. Patent maintenance
1) Republic of China patents: Payments shall be made every three years.
2) Patents of other nationalities: Their official fees and payment timelines shall prevail.
Article 4 Termination of Patent Maintenance
The procedures for the termination of patent maintenance stipulated in Article 8 of the TT Directives are as follows:
1. ORD shall discuss and confirm the patent status with the inventor of the patent, and produce a patent status evaluation form.
2. ORD invites experts to evaluate the case and offer their review opinions.
3. Following the secondary review of the aforementioned review opinions by the head of the responsible unit in ORD, the case is submitted to a review team for further review.
4. After the case's submission by the review team to the Committee on Rights and Interests in Patents and Technology Transfers ("the Committee") and upon the latter's approval to assign the patent, the assignment of the patent in the termination process shall be announced on the ORD website.
5. The case is submitted to the Committee for final review three months after the assignment of the patent right is announced. The assignment of the patent right and termination of patent maintenance may be processed after approval by the Committee.
The review team mentioned in Subparagraph 3 of the preceding paragraph shall consist of 5 to 7 members selected by the Vice President for Research and Development from among the Committee members. The Vice President may also invite external members as needed. The Vice President for Research and Development (or their appointed representative) shall serve as the chair of the review team.
Article 5 Technology Transfer Procedures
Based on Article 11, Paragraph 2 of the TT Directives, the technology transfer procedures shall be as follows:
1.Licensing (including non-exclusive and exclusive)
1) Licensing announcement
2) Technology transfer criteria review
3) Contract negotiations
4) Signing of a technology transfer agreement after approval by the Vice President for Research and Development
2. Royalty-free licensing
1) Contract negotiations after the announcement of royalty-free licensing
2) Review by the review team
3) Review by the Committee
4) Signing of a technology transfer agreement after approval by the Vice President for Research and Development
3. Assignment
1) Assignment announcement
2) Technology transfer criteria review
3) Contract negotiations
4) Review by the review team
5) Review by the Committee
6) Signing of a technology transfer agreement after approval by the Vice President for Research and Development
4. Expedited royalty-free licensing: In response to a sudden disaster or pandemic and to fulfill NTU's social responsibilities, ORD shall actively identify available R&D results, coordinate with the inventor for cooperation, and expedite the licensing of R&D results under royalty-free terms after the Committee verifies the urgency and necessity through correspondence.
1) Announcement of expedited royalty-free licensing
2) The company shall submit an application with NTU's agreement template. The licensing in principle shall be non-exclusive and may be extended if necessary.
3) In principle, the NTU Recusal Review Committee shall conduct a review. However, if it has been disclosed that there is no conflict of interest, they may keep records for future reference instead.
4) Signing of a technology transfer agreement after approval by the Vice President for Research and Development
5) Review by the review team
Article 6 The Enforcement Rules shall be passed by the ORD affairs meeting and then implemented on the date of promulgation.