Chapter 5
Supplemental Provisions
Article 130
The files of application documents, specifications, figures and
drawings of patent applications shall be placed in the custody of
the Patent Authority on a permanent basis. The files of other
documents shall be kept for a period of no less than thirty (30)
years.
The patent files referred to in the preceding Paragraph may be
stored by means of microfilms, magnetic discs, magnetic tapes,
optical discs or other storage mediums. The files so stored, which
have been confirmed by the Patent Authority, shall be deemed the
original files, and the original hard copy of such patent files may
be destroyed. The reproduction of the information and records of any
patent file kept in the storage mediums shall be presumed as a true
copy upon confirmation by the Patent Authority.
Rules governing the confirmation, administration and use of the
substitutes for the files kept in storage mediums referred to in the
preceding Paragraph shall be prescribed by the Competent Authority.
Article 131
The Competent Authority may develop and publish incentive
regulations for encouraging invention and creation activities.
Article 132
For the patent applications filed before January 23, 1994, no
application for extension of the patent terms may be filed under
Article 52 of this Act.
Article 133
Where an application for patent-of-addition filed before the
amendment to this Act on October 24, 2001 has not been given an
irrevocable examination decision, or where a patent-of-addition
remains effective, when the amendment to this Act took effect, the
provisions governing patent-of-addition in force before said
amendment shall be applied thereto.
Article 134
For those patent cases that have been allowed and published
prior to the January 21, 1994 Amendment to this Act, the duration of
the patent rights granted in such cases shall be calculated in
accordance with the provisions in force prior to the present
amendment to this Act. However, regarding invention patents that
remain effective on the date the World Trade Organization Agreement
(hereinafter referred to as the "WTO Agreement) comes into force in
the jurisdictional territory of the ROC, the provisions governing
the duration of invention patent rights to be enforced after the
present amendment to this Act shall prevail.
For the utility model patent application cases in respect of which
an irrevocable decision has been made and the contents of the
utility model have been published, the provisions governing the
duration of utility model patent rights to be enforced before the
present amendment to this Act shall prevail.
For the design patents that remain effective on the date the WTO
Agreement comes into force in the jurisdictional territory of the
ROC, the provisions governing the duration of design patent right
this Act that have been enforced till now after the May 7, 1997
Amendment to this Act shall prevail.
Article 135
For the patent applications which were filed but an irrevocable
examination decision has not been rendered thereto prior to the
enforcement of the January 3, 2003 Amendment to this Act, the
provisions governing the duration of patent rights to be enforced
after the effective date of the present amendment hereof shall
prevail.
Article 136
For the patent opposition actions that were instituted and are
pending prior to the enforcement of the January 3, 2003 Amendment to
this Act, the provisions in force prior to the enforcement of the
present amendment shall prevail.
For the applications in respective of which an irrevocable
examination decision has been made and the contents of the patented
matters have been published prior to the enforcement of the January
3, 2003 Amendment to this Act, an opposition action may still be
instituted against any of such patented matters in accordance with
the provisions of this Act in force prior to the enforcement of the
present amendment of this Act, even after the present amendment
takes effect.
Article 137
The Implementing Regulations of this Act shall be prescribed by
the Competent Authority.
Article 138
Except for the provision of Article 11 hereof, which shall come into
force from the date of promulgation of the present amendment, the
effective date of the provisions set out in all other Articles
hereof shall be decided by the Executive Yuan. |