Chapter V
Supplementary Provisions
Patent files containing application documents, description, claim(s), abstract,
drawing(s) shall be kept permanently in the custody of the Specific Patent
Agency. Other documents shall be kept for a period of no more than thirty
years.
The patent files referred to in the preceding paragraph may be stored on
microfilm, magnetic disc, magnetic tape, optical disc or other storage
medium.
The files thus stored which have been confirmed by the Specific Patent
Agency shall be deemed the original files, and the original hard copy of
such patent files may be destroyed. A reproduced copy of the stored
patent file shall be deemed a true copy upon confirmation by the Specific
Patent
Agency.
Rules governing the confirmation, administration, and use of substitutes
for the stored files referred to in the preceding paragraph shall be
prescribed by the competent authority.
The competent authority may prescribe the regulations governing awards
for creations of inventions, utility models, or designs.
With respect to the foreign language documents submitted in accordance
with Paragraph 3 of Article 25, Paragraph 3 of Article 106, and Paragraph 3
of Article 125, the competent authority shall prescribe the regulations
governing the limitation of foreign language categories and other matters.
Regulations governing application fees, issuance fees and annuities set forth
in Article 92, Article 92 applicable mutatis mutandis under Article 120, and
Article 92 applicable mutatis mutandis under Paragraph 1 of Article 142 of this
Act shall be
promulgated by the competent authority.
Regulations governing the conditions, number of years, amounts, and other
matters concerning the reduction or exemption of patent annuities as set forth
in Article 95, Article 95 applicable mutatis mutandis under Article 120, and
Article 95 applicable mutatis mutandis under Paragraph 1 of Article 142 of this
Act shall be promulgated by the competent authority.
A patent application filed before January 23, 1994, shall not apply for patent
term extension under Article 53.
For patents that have been published prior to the implementation of the
January 21, 1994, amendment of this Act, their patent terms shall be
calculated in accordance with the Patent Act in effect prior to the 1994
amendment. However, for invention patents that are still in force on the
date when the WTO Agreement took effect in the territory of the ROC,
their
patent terms shall be governed by the amended Act.
For utility model patents that have been published prior to the
implementation of the January 3, 2003, amendment of this Act, their
patent terms shall be governed by the amended Patent Act.
For design patents that are still in force on the date when the WTO
Agreement took effect in the territory of the ROC, their patent terms shall be
governed by the May 7,
1997, amendment of the Patent Act.
Unless otherwise provided for in the Act, patent applications which have
been filed but are still pending prior to the implementation of the November
29, 2011,
amendment of this Act, the amended
Patent Act shall govern.
For requests for patent amendment and invalidation which have been filed
but are still pending prior to the implementation of the November 29, 2011,
amendment of this Act, the
amended Patent Act shall govern.
For invention or utility model patent applications which have been filed
prior to the implementation of the November 29, 2011, amendment of this
Act with priority claims made in accordance with the former Article 29, if
the prior patent applications have not been published or rejected, or these
patent application have not become irrevocably, Paragraph 1 of Article 30
shall apply.
For invention patent applications which have been rendered examination
decisions prior to the implementation of the November 29, 2011, amendment
to this Act, if the time period stated in Subparagraph 2, Paragraph 2 of Article
34 has not expired, Subparagraph 2, Paragraph 2 and Paragraph 6 of Article
34
shall apply.
Subparagraph 2, Paragraph 3 of Article 22, Subparagraph 2, Paragraph 3 of
Article 22 applicable mutatis mutandis under Article 120, Paragraph 1 of
Article 121, which pertains to the partial design, Paragraph 2 of Article 121,
Subparagraph 1, Paragraph 3 of Article 122, Article 127, and Paragraph 2 of
Article 129 shall be applicable only to patent applications filed after the
implementation
of the November 29, 2011, amendment of this Act.
For invention patent applications that, prior to the implementation of the
November 29, 2011, amendment of this Act, were found to violate the former
Paragraph 2, Article 30, for which the deposits are deemed not having been
made, and the applications are still pending at the time of implementing the
amendment to this Act, Paragraph 2 of Article 27 shall apply. For invention
patent applications filed with priority claims, if the sixteen-month time
period from the earliest priority date has not been expired, Paragraph 3 of
Article 27 shall apply.
Where, prior to the implementation of the November 29, 2011, amendment
of this Act, patent applications that have been found to violate the former
Paragraph 1 of Article 28, Paragraph 1of Article 28 applicable mutatis
mutandis under Article 108, and Paragraph 1 of Article 28 applicable mutatis
mutandis under Paragraph 1 of Article 129 of this Act, and thus cant not claim
priority in accordance with Paragraph 3 of Article 28, Paragraph 3 of Article
28 applicable mutatis mutandis under Article 108 or Paragraph 3 of Article 28
applicable mutatis mutandis under Paragraph 1 of Article 129 of this Act, if the
patent applications are still pending at the time of implementation of the
amendment of this Act, and if, for invention and utility model patent
applications the period of sixteen months, for design patent applications
the period of ten months from the earliest priority date has not elapsed
respectively, Paragraph 4 of Article 29, Paragraph 4 of Article 29 applicable
mutatis mutandis under Article 120, and Paragraph 4 of Article 29 applicable
mutatis
mutandis under Paragraph 1 of Article 142 of this Act shall apply.
Where, prior to the implementation of the November 29, 2011, amendment
of this Act, patent applications that have violated the former Paragraph 1 of
Article 28, Paragraph 1of Article 28 applicable mutatis mutandis under Article
108 or Paragraph 1 of Article 28 applicable mutatis mutandis under Paragraph
1 of Article 129 of this Act, and thus cant not claim priority in accordance
with Paragraph 3 of Article 28, Paragraph 3 of Article 28 applicable mutatis
mutandis under Article 108, Paragraph 3 of Article 28 applicable mutatis
mutandis under Paragraph 1 of Article 129 of this Act, if the patent
applications are still pending at the time of implementation of the
amendment, and if, for invention and utility model patent applications
the period of sixteen months, for design patent applications the period of
ten months from the earliest priority date has not elapsed respectively,
the provisions of Paragraph 2 of Article 29, Paragraph 2 of Article 29
applicable mutatis mutandis under Article 120, and Paragraph 2 of Article
29 applicable mutatis mutandis under Paragraph 1 of Article 142 of this
Act shall apply.
Article 154 Transitional provisions: request for extending patent term
A request for invention patent term extension that were filed prior to the
implementation of the November 29, 2011, amendment of this Act, if
decisions have not been issued for the request and if said invention patent
is still in force at the time of implementing the amended Act, the amended
Act shall govern.
If any of the following events exists at the time of implementing the
November 29, 2011, amendment of this Act, Paragraph 4 of Article 52,
Paragraph 2 of Article 70, Paragraph 4 of Article 52 applicable mutatis
mutandis under Article 120, Paragraph 2 of Article 70 applicable mutatis
mutandis under Article 120, Paragraph 4 of Article 52 applicable mutatis
mutandis under Paragraph 1 of Article 142, and Paragraph 2 of Article 70
applicable mutatis mutandis under Paragraph 1 of Article 142 shall not
apply:
1. where, at the time of implementing the November 29, 2011, amendment
of this Act, the time limit for paying an annuity has expired and the
concerned patent has been deemed non-existent ab initio pursuant to
Paragraph 1 of Article 51, Paragraph 1 of Article 101, or Paragraph 1 of
Article 113 of this Act in
effect prior to the amendment;
2. where, at the time of implementing the November 29, 2011, amendment
of this Act, a patent has become extinguished in accordance with
Subparagraph 3 of Article 66, Subparagraph 3 of Article 66 applicable
mutatis mutandis under Article 108, or Subparagraph 3 of Article 66
applicable mutatis mutandis under Paragraph 1 of Article 129 of this Act in
effect prior to the amendment.
Article 156 Transitional provisions: pending design patent application
Where, at the time of implementing the November 29, 2011, amendment
of this Act, a decision for a design patent application is still pending, the
applicant may, within three months after the implementation date of the
amended Act, apply to convert it into a partial design.
Article 157 Transitional provisions: pending associated design patent
application
Where, at the time of implementing the November 29, 2011, amendment of
this Act, an associated design patent application is still pending, the
provisions of this Act prior to amendment with respect to associated design
patent shall apply.
For an associated design patent application still pending at the time of
implementing the November 29, 2011, amendment of this Act, if the
associated design patent application was filed prior to the publication of
their original design patent application, the applicant may convert said
associated design patent application into derivative design patent application
within three months as of the implementation of the amended Act.
Article 158 Prescription of Enforcement Rules
The Enforcement Rules of this Act shall be prescribed by the competent
authority.
Article 159 Date of implementation
The date on which this Act takes effect shall be decided by the Executive
Yuan.