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Patent Law
Chapter
Five Addendum
¡@¡@Article
130 ~ Article 138
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130 Maintenance and storage of official files |
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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.
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| Article
131 Regulations concerning encouragement of inventions |
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The
supervisory authority may prescribe incentives and auxiliary regulations
for the purpose of encouraging inventions and creations.
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| Article
132 Patents barred from extension of term |
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Patent
applications filed prior to January 23, 1994 shall not be entitled
to the patent term extension prescribed in Article 52.
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| Article
133 Additional patent |
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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.
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| Article
134 Applicability of the old and new laws |
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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.
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| Article
135 Applicability of the new laws |
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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.
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| Article
136 Applicability of the old laws to opposition proceedings |
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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.
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| Article
137 Enforcement Rules |
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Enforcement
Rules for this Law shall be prescribed by the supervisory authority.
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| Article
138 Effective date |
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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.
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