Enforcement Rules of the
Patent Law

Announced on Sept. 26, 1947 by the Executive Yuan

Enforced on Jan. 1, 1949

Amended & Announced on Aug. 16, 1958 by the Executive Yuan Order

Amended & Announced on Aug. 22, 1973 by the Ministry of Economic Affairs (MOEA) Order

Amended & Announced on Oct. 2, 1981 by the MOEA Order

Amended & Announced on April 18, 1986 by the MOEA Order

Amended & Announced on July 10, 1987 by the MOEA Order

Amended & Announced on Oct. 3, 1994 by the MOEA Order

Article 1 Foundation

Article 2 Scope of authorization conferred upon patent attorney

Article 3 Recordation of change of address

Article 4 Proof of nationality

Article 5 Appointment of representative

Article 6 Definition of "employee of Patent Office"

Article 7 Application documents; delays in meeting time limits

Article 8 Request for time extension

Article 9 Delivery by mail

Article 10 Deadline falling on Saturday, Sunday or national holiday

Article 11 Reinstatement of application or procedure

Article 12 Access to unreturnable application documents

Article 13 Exemption of novelty bar

Article 14 Languages

Article 15 Invention & Utility Model Patent Applications: specification and drawings

Article 16 Standards for claims

Article 17 Duty to specify filing details of foreign counterparts

Article 18 Priority document

Article 19 Furnishing of deposited microorganism samples

Article 20 Failure to report settlement in due time

Article 21 Application for additional patent or Associated Design Patent

Article 22 Filing of divisional Invention or Utility Model Patent applications

Article 23 Applicability of other provisions in case of refilling by the entitled applicant

Article 24 Contents of examiner's decision on patent applications or oppositions

Article 25 Contents of request for reexamination

Article 26 Service by publication in Patent Gazette

Article 27 Request for suspension of publication

Article 28 Contents of opposition

Article 29 Replacement and return of models or specimens

Article 30 Invention & Utility Model Patent Applications: effect of examiner's order for interview, sample, amendment, etc.

Article 31 Contents of request for patent term extension

Article 32 Definitions

Article 33 Definitions

Article 34 Definitions

Article 35 Definitions

Article 36 Application for recordation of license

Article 37 Recordation of patent-related pledge

Article 38 Application for extension of patent term in case of war

Article 39 Correction of specification/drawings after issuance of Invention or Utility Model

Article 40 Annuity payments for additional patent after revocation of parent patent

Article 41 Contents of Letters Patent

Article 42 Contents of register of patents

Article 43 Compulsory licenses

Article 44 Assessment of compensation

Article 45 Timing of patent marking

Article 46 Application for reissuance of Letters Patent or license

Article 47 Design Patent application: specification and drawings

Article 48 Design Patent application: failure to designate class and article

Article 49 Design Patent Application: effect of examiner's order for interview, model, amendment, etc.

Article 50 Correction of specification and drawings after issuance of a Design Patent

Article 51 Divisional Design Patent applications

Article 52 Effective date

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Article 1

These Rules are enacted pursuant to Article 133 of the Patent Law (hereinafter referred to as the Law).

Article 2

When an applicant appoints a patent agent, in accordance with Article 12 of the Law, the application shall be stamped with the seal of the patent agent and a power-of-attorney shall be submitted to the Patent Office to specify the extent of power conferred upon the agent and the place to receive service. Said place shall be identical with that registered in the roster of patent agents.

Change of the power of a patent agent or change of a patent agent shall be applied by the applicant to the Patent Office.

Change of the place to receive service or change of the registered seal of the patent agent shall be applied with the Patent Office. Before a change is applied for, the place to receive service registered in the roster of patent agents shall govern.

When two or more patent agents are appointed, each of them may act severally unless the applicant conveys to the Patent Office that they shall act jointly.

Article 3

Change of residence, domicile or seal of an applicant shall be applied with the Patent Office.

Article 4

With respect to a patent application, the Patent Office may, if it deems necessary, require the applicant to submit personal identification or legal entity certification document(s).

Article 5

The representative designated by mutual agreement as referred to in Article 13 of the Law shall mean by agreement among all co-applicants, opposition petitioners, cancellation petitioners, or co-owners of the patent.

A patent application made by the aforesaid representative shall be accompanied by documentary evidence of such agreement.

Article 6

The staff personnel serving the Patent Office as referred to in Article 16 of the Law shall mean the personnel whose duties are directly or indirectly related to patent matters.

Article 7

If there are prescribed forms of documents for patent applications, such forms shall be followed. If any application documentation does not conform to the prescribed form or is not clear, the Patent Office shall, upon receipt of such document, notify the applicant to correct it within a time limit; if the applicant fails to correct in time, provisions in Para. 1, Article 18 of the Law shall apply.

The phrase "before an administrative measure" as referred to in Para. 1, Article 18 of the Law shall mean before issuance of papers pertaining to an administrative measure.

Article 8

Time periods specified under the Law and these Rules may be changed by the Patent Office ex officio or upon request. Request for change of a specified time period shall be filed with the Patent Office with reasons.

Article 9

Documents for patent applications delivered by the post office must be by registered mail. The Patent Office shall use the postmark affixed by the originating post office to determine the priority of applications. Whether an applicant complies with various time periods prescribed in the Law or specified by the Patent Office shall be determined either by the date of service of documents or articles to the Patent Office or by the postmark of the originating post office if delivered by mail. If the postmark is not clear, the date of service to the Patent Office shall govern unless the applicant provides evidence to prove otherwise. An applicant may designate a third party as a substitute recipient of service by submitting a power-of-attorney. A post office box or a place designated to take receipt of documents shall not be used as the domicile or residence of an applicant or a substitute recipient of service with respect to the receipt of service.

Article 10

If the last day of a period specified under the Law or these Rules for patent applications or other procedures falls on a Sunday or any other non-working day, the following working day shall be deemed as the last day. If the last day of a period mentioned in the preceding paragraph falls on a Saturday, the morning of the following Monday shall be deemed as the deadline of service of documents or articles to the Patent Office; however, this shall not apply to postal delivery.

Article 11

An application for a reinstatement under Para. 2, Article 18 of the Law shall be filed with the Patent Office accompanied by documentary evidence, stating the reason(s) for the delay and the extinction date of the cause(s).

Article 12

An applicant shall not request for the return of any document of a patent application kept on file at the Patent Office; however, an application may be allowed to review, copy, photograph or photocopy said document or any issuance of certificates relating to the patent.

Article 13

In reference to any provision for the time periods set forth in provisions of Items 1 & 3, Para. 1, Article 20 and Items 1 & 3, Para. 1, Article 98 of the Law, an applicant shall state at the time of the application all pertinent facts and dates of occurrences and submit all available documentary evidence.

Article 14

All documents required for a patent application made under the Law and these Rules shall be written in Chinese; translation of any scientific terminology shall be accompanied by its foreign original. Chinese translations of scientific terminologies made by the National Institute of Compilation and Translation shall be used in translating such terminologies. If any of the said documents is originally written in a foreign language, the original thereof must be submitted.

Article 15

Specifications and drawings required under Article 22 of the Law or Article 105 of the Law, which provides Article 22 shall apply mutatis mutandis, shall be prepared with paper size A4 (210x297mm) of the national standard. Specifications shall be written in columns proceeding from left to right, and submitted in duplicate to cover the following particulars:

1.  Title of the invention or new utility model; it must be in conformity with the contents of claims and without any irrelevant wording;

2.  Name, nationality and domicile or residence of the inventor or creator;

3.  Name, nationality and domicile or residence of the applicant; in the case of a legal entity, its name, office address and representative's name;

4.  For a claim of priority, name of country or area in which the first application was filed and the application number and date;

5.  An abstract of the invention or creation; it must be a concise description of the special features of the invention;

6.  A description of the invention or new utility model; it must be made in accordance with Article 22 of the Law. In a case of an invention involving a microorganism, information that must be given includes its scientific name and bacteriological features, necessary gene drawings, the name of its deposit institute as well as the date and serial number of the deposit. In the case where a deposit of a microorganism is not required, the source to obtain such microorganism must be stated;

7.  Summary description of drawings; it must be made in simple words to describe the drawings and symbols of major parts thereof according to the sequence of the drawings; and

8.  Claims

Drawings must be drawn with Indian ink and identified by symbols according to the method of industrial plotting. To apply for patent-of-addition, a copy of the specification and drawings of the original invention or new utility model application shall be submitted.

Article 16

The claims referred to in Item 8, Para. 1, Article 15 of these Rules may be expressed in more than one independent claims and the number of claims shall be in conformity with the contents of the invention or creation. If necessary, there may be more than one dependent claim. An independent claim shall contain the object to be patented, its construction, and the essential technical contents and features to practice it. A dependent claim shall contain the entire technical contents of the claim upon which it depends and the technical features not contained in the claim upon which it depends. A dependent claim depending on more than two claims shall be called a multiple dependent claim and expressed in the alterative only. A dependent claim may be expressed by other dependent claims; however, there shall be no direct or indirect dependency among multiple dependent claims. If several claims are made, they shall be expressed in numerical sequence with independent and dependent claims arranged according to their dependency. An independent or a dependent claim shall be expressed in a single sentence and the contents thereof shall not be expressed only by referring to the line numbers of the specification or component symbols of drawings.

Article 17

For an invention, a new utility model or a new design for which a patent has already been applied in a foreign country before a patent application is filed in this country, the date and serial number of the foreign application shall be stated in the specification and drawings. The Patent Office may, when it deems necessary, require the applicant to submit, within a time limit, relevant documents evidencing the foreign application.

Article 18

The application documents to be submitted as referred to in the latter part of Article 25 of the Law shall include copies of the specification, necessary drawings, claims, and other related documents certified by the government of the accepting country.

Article 19

In order to make a research or experiment on an invention patent relating to a microorganism, a sample of the microorganism deposited for patent application may be requested from the deposit institute under one of the following circumstances:

1.  A patent relating to said microorganism is approved and published.

2.  An application for re-examination or a response to a proposed rejection is filed in accordance with Article 40 of the Law.

The sample microorganism obtained under the preceding paragraph shall not be provided to a third party.

Article 20

With respect to a requested compromise as provided in article 27 of the Law, the Patent Office shall allow applicants a reasonable time limit for submission of the results of an agreement. Failure to submit an agreement within the time limit shall be deemed a failure to reach an agreement.

Article 21

An application for patent-of-addition under Article 28 of the Law or associated new design patent under Para. 3, Article 107 of the Law, the original application number or the original patent number shall be stated in the application form and specification. The Patent Office shall not allow a patent-of-addition until it issues a patent certificate for the original application. The Patent Office shall not allow an associated new design patent until it renders a decision allowing the original application.

Article 22

For changes to divisional applications under Article 32 or Article 105 of the Law, which provides that Article 32 shall apply mutatis mutandis, an application stating reasons shall be filed with the Patent Office including two copies of the specification and necessary drawings for each of the divisional applications and one copy of the specification and necessary drawings of the original application.

Article 23

For a patent application filed under Articles 34 and 35 of the Law, the applicant shall submit to the Patent Office in accordance with Article 22 of the Law an application together with a specification, necessary drawings, and an Oath. This shall also apply to patent applications filed under Article 105 of the Law, which provides that Articles 34 and 35 shall apply mutatis mutandis.

For a patent application filed under Article 122, which provides that Articles 34 and 35 shall apply mutatis mutandis, the applicant shall submit in accordance with Article 112 of the Law to the Patent Office an application together with drawings and an Oath.

Article 24

A written decision provided under Articles 38 and 43 as well as Article 73 of the Law, which provides that Article 43 shall apply mutatis mutandis, shall contain the following information:

1.  Application or patent number;

2.  Title of the invention;

3.   Name(s) and domicile(s) or residence(s) of the applicant(s), opposition petitioner(s), cancellation petitioner(s), and/or respondent(s); in case of a legal entity, its name, office address and the name of its representative; if an agent is appointed, the name of the agent and place to receive service;

4.   Filing date of application;

5.  In the case of a claim for priority, name of the country or area in which the patent was first applied, its application number and date.

6. Text and reasons of the decision; and

7.  The date of the decision.

The provisions in the preceding paragraph shall apply to a written decision rendered under Article 105 or 122 of the Law, which both provide that Articles 38 and 43 shall apply mutatis mutandis, and Article 73 of the Law, which provides that Article 43 shall apply mutatis mutandis.

Article 25

With respect to an application for re-examination under Article 40 of the Law as well as Article 105 or 122, which both provide that Article 40 shall apply mutatis mutandis, the applicant shall submit a statement of reasons in duplicate, signed or stamped by the applicant or agent, containing the following information:

1. Application number;

2.  Title of the invention or new utility model, or article of the new design;

3.  Applicant's name and domicile or residence; if a legal entity, its name, office address and representative's name;

4. Serial number of the first decision and the date of service;

5. Reasons for application for re-examination;

6. The date.

Article 26

Where service of a written decision or any other document cannot be effected, it shall be published in the patent gazette and service thereof shall be deemed duly effected upon a lapse of thirty days from the date of publication. The applicant may request a supplemental issuance of a written decision or a document, and in a case of change of domicile or residence, such change shall be applied at the same time.

Article 27

After a patent application is allowed, the applicant may, within the time limit given by the Patent Office, request for postponing publication and give reasons thereof. Postponement of publication shall be limited to a period of six months.

Article 28

A written application shall be submitted in triplicate for instituting an opposition proceeding or in quadruplicate for a cancellation proceeding. The application shall state the following particulars and be signed or stamped by the respective petitioner or agent:

1.  Serial number of the application or patent under opposition or cancellation;

2. Name of invention/new utility model or of the article of a new design model;

3. Name and domicile/residence of the respondent; if a legal entity, its name, office address, and representative's name;

4. Name and domicile/residence of opposition or cancellation petitioner; if a legal entity, its name, office address, and representative's name;

5.  Reason(s) and evidence; and

6.  The date.

An opposition or cancellation petitioner shall submit a photocopy of his or her citizenship identification card, or if a legal entity, a photocopy if a legal entity registration certificate.

If the evidence of an opposition or cancellation proceeding is a document, the original shall be submitted with photocopies in duplicate for an opposition proceeding or in triplicate for a cancellation proceeding. The original may be returned after verification.

Article 29

If a model or sample submitted under Article 44 of the Law is damaged, the Patent Office may notify the applicant to supplement.

The above model or sample shall be retrieved by the applicant within three months after an examination decision becomes irrevocable. Thereafter it shall be at the disposal of the Patent Office.

Article 30

If the Patent Office notifies an applicant under Articles 44 or 45 of the Law to appear for inquiry or demonstration, to submit a supplementary specification, model, sample or to correct specification or drawings, and the applicant fails to act as requested or fails to act within the designated time limit, the Patent Office may render a decision based on the information available.

Article 31

In applying for an extension of a patent under Article 51 of the Law, an applicant shall submit an application, signed or stamped by the patentee or his (her) agent giving the following information:

1.  Patent number;

2.  Title of invention;

3.  Name and domicile/residence of the patentee; if a legal entity, its name, office address and representative's name;

4. Reasons for and period of extension applied;

5. The date of prior approval; and

6. The date of application

For above application, an approval certificate legally obtained and all local or foreign certification documents of approval shall be submitted in duplicate.

When accepting the above application, the Patent Office shall have the contents of the application published.

If a patent extension is granted, the Patent Office shall notify the applicant to surrender the patent certificate in order to append the extension period of the patent.

Article 32

The phrase "prior to applying for patent" referred to in Items 2 and 3, Para. 1, Article 57 or Article 105 of the Law which provides that Items 2 and 3, Para. 1, Article 57 shall apply mutatis mutandis, shall mean prior to the date of priority if priority is claimed. The above provision shall apply mutatis mutandis to Items 1 and 2, Para. 1, Article 118 of the Law.

Article 33

The language "where all necessary preparations have been completed" as referred to in Items 2 and 5, Para. 1, Article 57 of the Law shall mean that it is objectively sufficient to deem an actor as having completed necessary preparations prior to implementation of said invention.

Article 34

The phrase "original enterprise" as referred in Para. 2, Article 57 and Para. 2, Article 118 of the Law shall mean the scale of enterprise prior to application under Item 2, Para. 1, Article 57 and Item 1, Para. 1, Article 118; under Item 5, Para. 1, Article 57, said phrase shall mean the scale of enterprise prior to a cancellation application.

Article 35

"The areas in which sales can be made" as referred to in the latter part of Para. 2, Article 57 and the latter part of Para. 2, Article 118 of the Law shall be based on a contract and, in the absence of a contract or if the agreement is ambiguous, on the intent of parties, custom of dealing, or other objective usage of trade.

Article 36

Where a patent is licensed, an application executed by parties stating the scope, territory, and terms of the license together with the licensing agreement shall be filed with the Patent Office for registration.

Article 37

An application for registration in the creation, change or extinction of a pledge in a patent, the applicant shall submit an application, evidentiary documents, and the patent certificate. The application shall be signed or stamped by the patentee or his (her) agent.

An application for registration in the creation of a pledge in a patent shall contain the following information:

1.  Names and domiciles/residences of the pledgee and pledger; if legal entities, their names, office addresses and representatives' names;

2.  Patent number;

3.  Title of the invention/new utility model or the article of a new design;

4.  Name and domicile/residence of the debtor; if a legal entity, its name, office address and representative's name;

5.  The amount of collateral secured by the pledge; and

6.   Reason for registration; duration of the pledge, maturation date, interest, penalties and/or amount of liquidated damages.

An application for registration in the change or extinction of a pledge shall contain information prescribed in Items 1 through 3 in the preceding paragraph.

An application for registration in the creation of a pledge shall state the scope of the pledge. An application for registration in the change of a pledge shall state particulars of the change. An application for registration in the limitation(s) of a pledge shall state contents of the limitation(s).

With respect to the registration mentioned in the first paragraph above, the Patent Office shall have the relevant particulars appended in the patent certificate and patent register.

Article 38

An application for patent prolongation filed under Article 66 of the Law shall state facts of loss resulting from a war and be accompanied by all available evidentiary documents.

Where a patent prolongation is approved, the Patent Office shall notify the applicant to surrender the patent certificate to append the period of prolongation.

Article 39

In applying for correction of the specification or drawings under Patent Law Article 67 or Article 105 which provides that Article 67 shall apply mutatis mutandis, an applicant shall submit to the Patent Office an application stating reasons, corrected copy of the specification or drawings in triplicate, and a copy of the originally allowed and published specification or drawings. Corrections made in the submitted copy of specification mentioned above shall be underlined. When the correction application mentioned in the first paragraph above is approved, and if the correction relates to matters entered in the patent certificate, the Patent Office shall have said certificate replaced.

Article 40

For a patent-of-addition deemed independent under Article 75 of the Law, its annual fee shall be paid in accordance to the original annual fee and any annual fee already paid for the original patent may be taken to offset the impending fee.

Article 41

A patent certificate shall contain the following information:

1. Name or title of the patentee;

2. Name of inventor or creator;

3.  Patent number;

4.  Name of invention or new utility model or of the article of a new design model;

5.  Claims;

6.  Term of the patent; and

7.  The date of issuance for the patent certificate.

If a patent-of-addition or associated new design patent is granted, the same shall be appended in the original patent certificate.

The term of an associated new design patent shall expire with that of the original patent. If the original new design patent is revoked or extinguished, the associated new design patent shall also be revoked or extinguished at the same time.

Article 42

The patent register shall contain the following information:

1.  Name, domicile/residence, and nationality of patentee; if a legal entity, its name, office address and representative's name;

2.  The information prescribed in Items 2 through 4, 6 & 7, Para. 1 of Article 41 of these Rules;

3. Application date and number;

4. For a claim of priority, the country or area in which a patent was first applied and the application number and date;

5.  Publication date and number;

6.  Results of any opposition or cancellation proceeding;

7.  Dates of filing, allowance and publication of patent-of-addition or associated new design application;

8.  The date of patent assignment or transfer through inheritance and name or title of the assignee or successor;

9. Name or title of the licensee and date of license registration;

10. Date of creation, change or extinction in a pledge of patent and name or title of the pledgee;

11. Name of the patent agent and designated place to receive service;

12. Name and domicile/residence of compulsory licensee or cross licensee or name, office address and representative's name of a legal entity; also, the date of approval or revocation of a license;

13. Cause(s) and date of supplementary issuance of a patent certificate;

14. Period of patent extension or prolongation and the date of approval;

15. The date and reason for the extinction or revocation of a patent;

16. Other matters related to the patent; and

17. Name of the deposit institute and deposit date and number.

Article 43

An application for a compulsory license under Article 78 of the Law shall be filed with the Patent Office showing cause and a detailed plan to practice the patent.

A compulsory licensee shall submit to the Patent Office an annual report on the state of practice.

Article 44

For coordination of remuneration under Para. 4, Article 8 of the law and assessment of compensation under Para. 4, Article 48 and Para. 5, Article 78 of the Law, attention must be paid to the following matters;

1.  Utilization value in production of the invention or new utility model;

2.  Technical value of the invention or new utility model;

3.  Commercial value of the invention, new utility model or new design;

4.  Extent of actual need for the invention, new utility model or new design;

5.   Term and territory of implementation of the patent;

6.  Value of the patent if it has been licensed or sold; and

7.  Existence of any comparable or superior invention, new utility model or new design that can be substituted at a comparable cost.

Article 45

After an invention, new utility model or new design has been allowed and published, and before examination decision becomes irrevocable, the words "ad interium patent approved" or the publication number may be affixed to the article concerned or its package.

Marking of a patent certificate number as provided in Article 82 of the Law shall not be made after the patent is extinguished or its revocation becomes irrevocable.

Article 46

In case of loss or damage to a patent certificate, the patentee may apply for re-issue thereof by stating reasons in writing; damaged certificate shall be returned to the Patent Office.

Article 47

The specification and drawings required under Article 112 of the Law shall be prepared with paper #A4 (210mmX297mm) of the national standard, written in columns proceeding from left to right and submitted in duplicate to include the following information:

1.  Nomenclature of the new design article and classification of the article designated for application of the new design: The nomenclature of the new design article must be in conformity with contents of claims without any irrelevant wording;

2. Name, nationality and domicile/residence of the creator;

3.  Name, nationality and domicile/residence of the applicant; if a legal entity, its name, office address and representative's name;

4.  For a claim of priority, the country or area in which a patent was first applied and the application number and date;

5.  Description of the new design creation: The usage and state of use to which the new design is applied and the features of creation of the new design article must be concisely described.

6. Claims: Claims shall be designated in accordance with the shape, pattern, color or combination of the article shown in the drawings.

7. Description of Drawings: Drawings shall be described concisely.

8.  Drawings: Drawings must be drawn with Indian ink according to industrial drawing method. The shape of the article must be illustrated in a six-directional view (the front, left side, right side, top, bottom, and rear views), a three-dimensional view and a figure card. The Patent Office may request an applicant to prepare a reference figure showing the state of use. The pattern of the article shall be illustrated by a spread view, a single unit view and a reference figure showing the state of use of the pattern applied to the article. With respect to color of the article, there must be attached a color card for the color of the article itself and a reference figure showing the state of use of the color applied to the article. The six-directional view, three-dimensional view, figure card, and reference figure showing the state of use may be replaced by photographs, which shall be limited in size to larger than 90mmX160mm and smaller than 150mmX220mm, clearly showing the features of the article, and have a single-color background. A figure card shall be made with card paper in #A5 paper (148mmX210mm) of the national standard.When an associated new design is applied for under Para. 3, Article 107 of the Law, a copy of the specification of the original new design (with which the new design is to be associated) shall also be submitted.

Article 48

If the applicant of a new design patent fails to classify the article in accordance with Para. 1, Article 114 of the Law or makes an incorrect classification, and fails to correct within a prescribed time limit upon notice, the case shall be processed in accordance to Para. 1, Article 18 of the Law.

Article 49

The supplement or amendment made by an applicant under Article 116 of the Law shall not change the substance of the original application.

When the Patent Office notifies an applicant to appear for an interview, supplement or amend the specification, or supplement models or samples and the applicant fails to act within the designated time or in accordance with the notice, the Patent Office may render a decision based on the information available.

Article 50

In applying for a correction of specification under Article 120 of the Law, an applicant shall submit to the Patent Office an application stating reasons, corrected copy of the specification in triplicate, and one copy of the originally allowed and published specification.

Corrections made in the submitted copy of the specification referred to in the preceding paragraph shall be underlined.

When the correction mentioned in the first paragraph above is approved, and if the correction relates to matters entered in the patent certificate, the Article 51

For a change to divisional applications under Article 122 of the Law, which provides that Article 32 shall apply mutatis mutandis, an application shall be filed with the Patent Office to state reasons and shall include two copies of each specification of the divisional applications and one copy of the specification in the original application. Patent Office shall have said certificate replaced.

Article 52

These Rules shall come into force as of the date of promulgation.