Patent Law


Chapter Five Addendum
¡@¡@Article 130 ~ Article 138

Article 130 Maintenance and storage of official files

Application papers and documents, specifications and drawings on patent-related records shall be permanently kept by the Patent Office; other documents on the records shall be kept for at least thirty years.

The patent-related records as referred to in the preceding paragraph may be stored by means of microfilms, magnetic disks, magnetic tapes, or laser discs. When acknowledged by the Patent Office, the records as stored shall be deemed as the original records, and the original paper records may be destroyed. The reproduced copy of the stored records, when certified by the Patent Office, shall be presumed to be the true copy.

Rules governing the acknowledgement, administration and use of the stored substitutes as referred to in the preceding paragraph shall be prescribed by the supervisory authority.


Article 131 Regulations concerning encouragement of inventions

The supervisory authority may prescribe incentives and auxiliary regulations for the purpose of encouraging inventions and creations.


Article 132 Patents barred from extension of term

Patent applications filed prior to January 23, 1994 shall not be entitled to the patent term extension prescribed in Article 52.


Article 133 Additional patent

Additional Patent applications filed and additional patents remaining valid before this Law was revised and implemented on October 26, 2001 shall be subject to Additional Patent-related provisions in effect prior to said revision.


Article 134 Applicability of the old and new laws

Patent applications allowed and published before January 23, 1994, the date on which this Law was revised and implemented, their patent terms shall be subject to the provisions of the Law effective prior to the said revision. However, where invention patents remain valid at the time the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) takes effect within the territory of the Republic of China, their duration terms shall be subject to the provisions of the Revised Law.

Where utility model patent applications are allowed and published before this Law revised on January 3, 2003 takes effect, their patent terms shall be subject to the provisions of the Law effective prior to the said revision.

Where design patents remain valid at the time the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) takes effect within the territory of the Republic of China, their duration terms shall be subject to the provisions of this Law revised and promulgated on May 7, 1997.


Article 135 Applicability of the new laws

Patent applications which are still pending at the time this Law revised on January 3, 2003 takes effect shall be subject to the provisions of the new Law.


Article 136 Applicability of the old laws to opposition proceedings

Opposition proceedings initiated before the January 3, 2003 revised Law takes effect shall be subject to the provisions of the Law effective prior to the said revision.

Where patent applications are allowed and published before the January 3, 2003 revised Law takes effect, opposition proceedings may still be initiated thereagainst after the implementation of the revised Law based on the provisions of the Law effective prior to the said revision.


Article 137 Enforcement Rules

Enforcement Rules for this Law shall be prescribed by the supervisory authority.


Article 138 Effective date

The date of implementation of this Law shall be appointed by the Executive Yuan, with the exception of Article 11 which shall take effect on the date this Law is promulgated.