Frequently Asked Questions

26 2026-10

How to determine the difference between a deposit and an advance payment when they are mixed together?

The determination of whether a deposit and an advance payment are the same depends on the agreement and their nature. If the agreement specifies a deposit and includes a penalty clause, the deposit rules apply. However, if the agreement refers to an advance payment, the payment will usually be refunded at the original amount of the advance payment.

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26 2026-10

Is it valid if the amount of the deposit exceeds one-fifth of the contract subject matter?

The portion of the deposit exceeding 20% of the subject matter of the main contract shall not produce the effect of the deposit, and shall only be treated as an advance payment; the deposit contract shall be effective within 20%, and the excess amount shall be returned or offset.

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26 2026-10

Is it the case that I can only choose one between the penalty for breach of contract and statutory compensation for damages?

The penalty for breach of contract and compensation for losses are not simply an either-or choice: the penalty for breach of contract serves to make up for losses, and if it is too low, it can be increased to the actual losses; if it is too high, it can be reduced. When choosing between the deposit and the penalty for breach of contract, if the losses exceed the amount of the deposit, the party ca...

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26 2026-10

When responding to the review comments, can we expand the scope of protection?

When responding to the review comments, the amendments made should not exceed the scope described in the original specification and claims; amendments made to overcome deficiencies are usually limited to clarification and should not expand the scope of protection. The content supported by the original records can be adjusted to a reasonable extent.

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26 2026-10

What is the deadline for replying to the notice of review comments?

The response period for the notice of review opinion is generally four months from the date of receipt, and the respondent may request an extension in accordance with the regulations. If the respondent fails to respond within the time limit without a valid reason, the application will be deemed as withdrawn.

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26 2026-10

Under what circumstances will a patent application be considered withdrawn?

A patent application will be deemed withdrawn if the applicant fails to pay the fees on time, fails to request a substantive examination within three years, fails to respond to the review opinion within the time limit, or fails to make corrections within the time limit.

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26 2026-10

What are the stages of the review process for invention patent applications?

The review process for invention patents consists of five stages: acceptance, preliminary review, publication within 18 months from the filing date, substantive review (request submitted within three years), and the announcement of the grant of the patent.

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26 2026-10

What documents must be submitted for an invention patent application?

An invention patent application must include a request for patent, a description, an abstract of the description, a claims section, etc. If necessary, it must also include drawings, a declaration on genetic resources, a priority right certificate, and a power of attorney.

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26 2026-10

Who is responsible for providing evidence of defects in medical products?

The harm caused by defects in medical products requires patients to prove the use, damage, and causality. According to Article 1202 of the Civil Code, producers bear no-fault liability. It is recommended to seal the medical records and product packaging and apply for appraisal.

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26 2026-10

How to claim compensation if there are problems with a heart stent?

When there are problems with heart stents, it is often related to defects in medical devices or medical malpractice. According to the Civil Code, victims can claim compensation from manufacturers or medical institutions. It is necessary to seal the medical records and stent information and apply for appraisal.

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26 2026-10

Who should be held responsible if the steel plate implanted in the body breaks?

The fracture of steel plates implanted in the body is mostly due to defects in medical devices. Patients can claim compensation from the manufacturer and medical institutions based on product liability; it is necessary to seal the medical records and the evidence of the fracture and apply for a quality appraisal.

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26 2026-10

After the judgment, can I still claim reimbursement for the newly incurred treatment costs?

After the judgment takes effect, the necessary treatment expenses incurred subsequently may be claimed separately through litigation, which does not violate the principle of "no double prosecution for the same matter". The new medical records and invoices should be preserved and claims should be filed within the statute of limitations.

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26 2026-10

Can the money for removing the steel plate be included in the judgment as well?

The removal of steel plates (removal of internal fixation) is a follow-up treatment expense. In the first-instance trial, it can be adjudicated and paid together with the actual medical expenses based on medical certificates or appraisals, without having to wait until the expenses actually occur before filing a separate lawsuit.

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26 2026-10

Do I need to conduct a special appraisal for the subsequent treatment costs?

The subsequent treatment costs are not subject to mandatory appraisal; hospitals can directly claim based on the treatment plan and cost estimate they provide. If the amount is unclear or the other party disputes it, applying for a judicial appraisal can better fix the amount.

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26 2026-10

Can the cost of the second surgery be claimed in advance?

If the cost of the second surgery can be confirmed by medical certificates or appraisals as being inevitable, it can be compensated together in accordance with Article 6 of the Judicial Interpretation on Compensation for Personal Injuries; otherwise, the claimant can file a separate lawsuit after the actual occurrence of the surgery.

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