Chapter 5 Supplementary Provisions

Article 143 Preservation of patent files
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.

Article 144 Prescription of regulations governing awards for creations
The competent authority may prescribe the regulations governing awards for creations of inventions, utility models, or designs.

Article 145 Prescription of regulations governing submission of foreign language documents
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.

Article 146 Prescription of regulations governing fees
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.

Article 147 Transitional provisions: patent term extension
A patent application filed before January 23, 1994, shall not apply for patent term extension under Article 53.

Article 148 Transitional provisions: patent term
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.

Article 149 Transitional provisions: pending cases
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.

Article 150 Transitional provisions: Priority claim based on earlier application; division
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.

Article 151 Transitional provisions: grace period; design patent
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.

Article 152 Transitional provisions: deposit of biological material
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.

Article 153 Transitional provisions: Priority claim under WTO membership, etc.
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.

Article 155 Transitional provisions: no revival of extinguished patent right
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.