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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/05/21 20:25
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Chapter Law Content

Title: PATENT ACT CH
Category: Ministry of Economic Affairs(經濟部)
Chapter V Supplementary Provisions
Article 143
Preservation of patent files
Patent files such as application documents, description, claim(s), abstract, drawing(s) deemed worth preserving by the Specific Patent Agency shall be permanently kept.
Patent files not referred to in the preceding paragraph shall be kept for the duration specified below
1. invention patent files shall be preserved for 20 years except for the files of approved cases, which shall be preserved for 30 years.
2. utility model patent files shall be preserved for 10 years except for the files of approved cases, which shall be preserved for 15 years.
3. design patent files shall be preserved for 15 years except for the files of approved cases, which shall be preserved for 20 years.
The duration of preservation referred to in the preceding paragraph shall be calculated on the first day of the year following the decision is rendered on the patent application, the patent application has been withdrawn or deemed to have been withdrawn.
With respect to patent files which are kept at the time of the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.
Article 144
Prescription of regulations governing awards for creations
The competent authority may prescribe the regulations governing awards for the creations of inventions, utility models, or designs.
Article 145
Prescription of regulations governing submission of foreign language documents
With respect to foreign language documents provided pursuant to Paragraph 3 of Article 25, Paragraph 3 of Article 106, and Paragraph 3 of Article 125, the competent authority shall prescribe regulations governing the types of foreign languages and other matters.
Article 146
Prescription of regulations governing fees
With respect to the application fee, patent certificate fee and annuity 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, the competent authority shall prescribe regulations governing the methods of collection therefor.
With respect to 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, the competent authority shall prescribe regulations governing the conditions, number of years, amount, and other matters therefor.
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
With respect to a patent that is published prior to the implementation of the January 21, 1994, amendment of this Act, the patent term thereof shall be calculated in accordance with the Patent Act in effect prior to the 1994 amendment. However, for an invention patent that is still in force on the date when the WTO Agreement took effect in the territory of the ROC, the patent term thereof shall be governed by the amended Act.
For a utility model patent that is published prior to the implementation of the January 3, 2003, amendment of this Act, the patent term thereof shall be governed by the Patent Act in effect prior to the amendment.
For a design patent that is still in force on the date when the WTO Agreement takes effect in the territory of the ROC, the patent term 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, for a patent application which is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, the amended Patent Act shall govern.
With respect to a request for post-grant amendment and invalidation action which is still pending at the time of 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
With respect to a patent application for invention or utility model which is filed prior to the implementation of the November 29, 2011, amendment of this Act with priority claim made pursuant to the former Article 29, if the prior patent application has not been published or the decision of rejection has not become final and binding, Paragraph 1 of Article 30 shall apply.
With respect to an examination decision regarding patent application for invention rendered 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 partial design of articles, 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
In respect of a patent application for invention that violates the former Paragraph 2, Article 30 and the deposits therefor is deemed not to have been made before the implementation of the November 29, 2011, amendment, if the application is still pending at the time of the implementation, Paragraph 2 of Article 27 shall apply. For a patent application to which priority claim is made, if the time period of sixteen (16) month after the earliest priority date has not expired, Paragraph 3 of Article 27 shall apply.
Article 153
Transitional provisions: Priority claim under WTO membership, etc.
In respect of a patent application that, prior to the implementation of the November 29, 2011, amendment of this Act, violates the former Paragraph 1 of Article 28, Paragraph 1 of 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 therefore cannot claim priority pursuant to the former 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, in the event that the patent application is still pending at the time of the implementation, if, with respect to a patent application for invention and utility model, the period of sixteen (16) months after the earliest priority date has not expired, and if, with respect to a patent application for design, the period of ten (10) months after the earliest priority date has not expired, 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 shall apply.
In respect of a patent application that, prior to the implementation of the November 29, 2011, amendment of this Act, violates the former Paragraph 2 of Article 28, Paragraph 2 of Article 28 applicable mutatis mutandis under Article 108, or Paragraph 2 of Article 28 applicable mutatis mutandis under Paragraph 1 of Article 129 of this Act, and therefore cannot claim priority pursuant to the former 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, in the event that the patent application is still pending at the time of the implementation, if, with respect to a patent application for invention and utility model, the period of the sixteen (16) months period after the earliest priority date has not expired, and if, with respect to a patent application for design, the period of ten (10) months after the earliest priority date has not expired, 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 shall apply.
Article 154
Transitional provisions: request for patent term extension
In respect of a request for invention patent term extension that is filed prior to the implementation of the November 29, 2011, amendment of this Act, if the decision has not been issued for such a request and if the invention patent is still in force at the time of the implementation, 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 the implementation of 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 the said implementation, the time period for payment of annuity has expired and the patent concerned has become non-existent ab initio pursuant to the former Paragraph 1 of Article 51, Paragraph 1 of Article 101, or Paragraph 1 of Article 113 of this Act; or
2. where, at the time of the said implementation, a patent has become extinguished pursuant to the former 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, Article 129 of this Act.
Article 156
Transitional provisions: pending patent application for design
In respect of a patent application for design that is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, the applicant may, within three (3) months after the implementation, file a request to convert it to a patent application for partial design.
Article 157
Transitional provisions: pending patent application for associated design
In respect of a patent application for associated design that is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, the provisions of this Act prior to amendment with respect to associated design patent shall apply.
In respect of a patent application for associated design that is still pending at the time of the implementation of the November 29, 2011, amendment of this Act, if the patent application for associated design is filed prior to the publication of its original patent application for design, the applicant may file a request to convert it to a patent application for derivative design within three (3) months after the implementation of the amended Act.
Article 157-1
Transitional provisions: grace period
Article 22, Article 59, Article 122 and Article 142 amended on December 30, 2016 shall be applicable only to patent applications filed after the implementation of the said amendment to this Act.
Article 157-2
Transitional provisions: pending applications
Unless otherwise provided for in the Act, for a patent application which is still pending at the time of the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.
With respect to a request for post-grant amendment and invalidation action which is still pending at the time of the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.
Article 157-3
Transitional provisions: Divisional application after rendering a decision of patent application
With respect to an examination decision on patent application for invention or utility model rendered prior to the implementation of the April 16, 2019, amendment to this Act, if the corresponding time period set forth in Subparagraph 2, Paragraph 2 of Article 34 or Subparagraph 2, Paragraph 2 of Article 107 has not expired, Subparagraph 2, the amended Patent Act shall apply.
Article 157-4
Transitional provisions: patent term of design patent
With respect to the term of a design paten, when the term of the patent has not expired prior to the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.
With respect to the term of a design patent, when the patent right has become extinguished pursuant to Subparagraph 3, Paragraph 1 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142 prior to the implementation of the April 16, 2019, amendment to this Act, and then has been reinstated through an application made according to Paragraph 2 of Article 70 applicable mutatis mutandis under Paragraph 1 of Article 142 after the implementation of the April 16, 2019, amendment to this Act, the amended Patent Act shall apply.
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.
The May 31, 2013 amendment of this Act is to be implemented on the date of its promulgation.
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