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Article 101 Acceleration of invalidation proceedings
Where an invalidation request involves trial of infringement litigation case, the Specific Patent Agency shall give priority to such invalidation proceedings.
Article 102 Unrecognized foreign juridical person or organization
An unrecognized foreign juridical person or organization may file civil suits in respect of the matters governed by this Act.
Article 103 Patent infringement assessment
A court may form specialized tribunal(s) or assign specific staff members to take charge of invention patent litigation cases.
The Judicial Yuan may appoint specialized institution(s) to conduct patent infringement assessments.
A court hearing a litigation pertaining to an invention patent may request the specialized institution appointed according to the preceding paragraph to conduct patent infringement assessment.
Chapter III Utility Model Patent
Article 104 Definition of utility model
"Utility model" means the creation of technical ideas relating to the shape or structure of an article or combination of articles, utilizing the laws of nature.
Article 105 Statutory exclusion
A utility model patent shall not be granted in respect of utility model which is contrary to public order or morality.
Article 106 Filing date
An application for a utility model patent shall be filed with the Specific Patent Agency by the person entitled to applying for patent by submitting a request, a description, claim(s), an abstract, and drawing(s).
The filing date of a utility model patent application shall be the date on which the request, description, claim(s), and drawing(s) are submitted in full.
Where an applicant does not submit a description, claim(s) and drawing(s) in Chinese at the time of filing, but in a foreign language, and where the Chinese translation for the said documents is submitted within the time limit specified by the Specific Patent Agency, the filing date shall be the date on which the foreign language version were originally submitted.
Where the Chinese translation is not submitted within the specified time limit as stated in the preceding paragraph, the patent application shall be dismissed; however, if the Chinese translation is filed prior to the dismissal decision is received, the date on which the Chinese translation is filed shall be regarded as the filing date, and the foreign language version shall be deemed not having been submitted.
Article 107 Division of application
For a utility model patent application which substantially contains two or more utility models, the said utility model patent application may, upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional applications.
A divisional application shall be filed before a decision on the original utility model application is rendered.
Article 108 Conversion of application
Where a patent application originally filed for invention or design patent is converted into a utility model patent application, or where a patent application originally filed for utility model patent is converted into an invention patent application, the filing date of the converted patent application shall be deemed to have the filing date of the original patent application.
An application for patent conversion shall not be applied under any of the following circumstances:
1. where a written decision allowing the original patent application has been served;
2. where two months have elapsed after serving a decision rejecting the original invention or design patent application;
3. where thirty days have elapsed since serving a decision rejecting the original utility model patent application.
A converted patent application shall not extend beyond the scope of content of the description, claim(s), or drawing(s) of the original patent application as filed.
Article 109 Amendment of application
When conducting the formality examination of a utility model patent application, the Specific Patent Agency may, upon request or on its own initiative, notify the applicant to amend the description, claim(s) or drawings within a specified time limit.
Article 110 Foreign language documents
Where a utility model patent applicant submits a description, claim(s), and drawings prepared in a foreign language under Paragraph 3 of Article 106, such foreign language documents shall not be amended.
The Chinese translation submitted under Paragraph 3 of Article 106 shall not extend beyond the scope of content of the original foreign language documents as filed.
Article 111 Decision of application
Upon completion of the formality examination of a utility model patent application, a written decision shall be rendered and served on the applicant.
When a utility model patent application is determined to be unpatentable, the reason(s) shall be given in the written decision of formality examination.
Article 112 Formality examination
Through formality examination, a utility model patent application shall be rejected under any of the following circumstances:
1. where the utility model does not relate to the shape, or structure of an article or combination of articles;
2. where there is a violation of Article 105;
3. where there is a violation of Paragraph 4 of Article 26, applicable mutatis mutandis under Article 120 of this Act;
4. where there is a violation of Article 33, applicable mutatis mutandis under Article 120 of this Act;
5. where the description, claim(s), or drawing(s) does (do) not disclose the essential matters that need to be disclosed, or the disclosure therein is obviously unclear;
6. where an amendment obviously extends beyond the scope of content of the description, claim(s) or drawing(s) as filed.
Article 113 Grant of patent; publication
Where, through formality examination, a claimed utility model shall be patented if there is no reason for negating its patentability, and the claim(s) and the drawing(s) of the patent application shall be published.
Article 114 Term of patent
The term of a utility model patent shall expire after a period of ten years from the filing date of the patent application.
Article 115 Request of technical report
After a utility model patent application is published, any person may file a request with the Specific Patent Agency for obtaining a utility model patent technical report.
The Specific Patent Agency shall publish in the Patent Gazette the fact that the request for obtaining the utility model patent technical report has been filed.
The Specific Patent Agency shall assign a patent examiner to issue the utility model patent technical report, and the report shall bear the name of the above-mentioned examiner.
For request filed under Paragraph 1, the Specific Patent Agency shall issue the utility model patent technical report with respect to matters set forth in Subparagraph 1, Paragraph 1 and Paragraph 2 of Article 22, applicable mutatis mutandis under Article 120, Article 23, applicable mutatis mutandis under Article 120, and Article 31, applicable mutatis mutandis under Article 120.
For request in obtaining the utility model patent technical evaluation report as filed under Paragraph 1, if it is stated in the request that commercial exploit of the utility model patent is made by a party other than the patentee and if supporting evidence is submitted, the Specific Patent Agency shall issue the utility model patent technical report within six months.
Request for obtaining a utility model patent technical evaluation report can still be filed after the utility model patent has become extinguished.
Request filed in accordance with Paragraph 1 shall not be withdrawn.
Article 116 Presentation of technical report
When exercising a utility model patent, the patentee shall present a utility model patent technical report as warning.
Article 117 Liability of damages; immunity
Where a utility model patent is invalidated, the patentee shall be liable for compensating damages suffered by another person due to the patentee’s exercise of his/her utility model patent prior to the patent invalidation. The above shall not apply if the exercised utility model patent is based on the content of the utility model patent technical report and the patentee has exercised his/her patent with due care.
Article 118 Amendment of granted patent
With respect to examination of a request for patent amendment, except for the situation set forth in Paragraph 1 of Article 77, applicable mutatis mutandis under Article 120 of this Act, the Specific Patent Agency shall conduct formality examination of the patent amendment, issue a decision and serve it on the patentee.
Through formality examination, a decision rejecting the patent amendment shall be rejected under any of the following circumstances:
1. where there is an event prescribed in Subparagraphs 1 to 5 of Article 112;
2. where the amendment obviously extends beyond the scope of content of the claim(s) or drawing(s) as published.
Article 119 Grounds of invalidation
Any person may request for invalidation against a utility model patent with the Specific Patent Agency under any of the following circumstances:
1. where there is a violation of Article 104, Article 105, Paragraph 3 of Article 108, Paragraph 2 of Article 110, Article 22 applicable mutatis mutandis under Article 120, Article 23 applicable mutatis mutandis under Article 120, Article 26 applicable mutatis mutandis under Article 120, Article 31 applicable mutatis mutandis under Article 120, Paragraph 4 of Article 34 applicable mutatis mutandis under Article 120, Paragraph 2 of Article 43 applicable mutatis mutandis under Article 120, Paragraph 3 of Article 44 applicable mutatis mutandis under Article 120, Paragraphs 2 to 4 of Article 67 applicable mutatis mutandis under Article 120 of this Act;
2. where the home country of the patentee does not accept the patent applications filed by nationals of the ROC;
3. where there is a violation of Paragraph 1 of Article 12, or where the utility model patentee is not entitled to file the utility model patent application.
An invalidation request based on Subparagraph 3 of the preceding paragraph shall only be filed by the interested party.
With respect to ground(s) of an invalidation request against a utility model patent, the provisions in effect at the time of said patent approved shall govern. However, if an invalidation request is filed based on the ground(s) under Paragraph 3 of Article 108, Paragraph 4 of Article 34 applicable mutatis mutandis under Article 120, Paragraph 2 of Article 43 applicable mutatis mutandis under Article 120, or Paragraph 2 and paragraph 4 of Article 67 applicable mutatis mutandis under Article 120, the provisions in effect at the time of filing said request shall govern.
A written decision on an invalidation request shall bear the names of the patent examiners.
Article 120 Provisions applied mutatis mutandis to utility model patent
Article 22, Article 23, Article 26, Articles 28 to 31, Article 33, Paragraphs 3 and 4 of Article 34, Article 35, Paragraphs 2 and 3 of Article 43, Paragraph 3 of Article 44, Paragraph 2 of Article 46, Paragraph 2 of Article 47, Article 51, Paragraphs 1, 2 and 4 of Article 52, Paragraphs 1, 2, 4 and 5 of Article 58, Article 59, Articles 62 to 65, Article 67, Paragraphs 2 and 3 of Article 68, Article 69, Article 70, Articles 72 to 82, Articles 84 to 98, and Articles 100 to 103 of this Act shall apply mutatis mutandis to utility model patent.
Chapter IV Design Patent
Article 121 Definition of design
"Design" means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal.
For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, an application may also be filed pursuant to this Act for obtaining a design patent.
Article 122 Substantial conditions
A design which is industrially applicable may be granted a design patent upon application in accordance with this Act, provided any of the following does not exist:
1. an identical design or a similar design was disclosed in a publication prior to the filing of the patent application;
2. an identical design or a similar design was publicly exploited prior to the filing of the patent application;
3. a design was publicly known prior to the filing of the patent application.
Where a design can be easily conceived by a person ordinarily skilled in the art of the design based on prior art, a design patent shall not be granted for such a design notwithstanding the preceding paragraph.
Any of the following events shall not be deemed as one prescribed in Paragraph 1 or the preceding paragraph, which may preclude the granting of a design patent, provided that the concerned design patent application is filed within six months from the date of the event's occurrence:
1. the design was disclosed in a publication;
2. the design was displayed at an exhibition held or recognized by the government;
3. the design was disclosed without the consent of the applicant.
An applicant claiming exemption as set forth in Subparagraph 1 and Subparagraph 2 of the preceding paragraph shall state the fact and the relevant date in the patent application at the time of filing and submit evidentiary documents within the time limit specified by the Specific Patent Agency.
Article 123 Deemed as lack of novelty
Where a design claimed in a design patent application is identical or similar to a design disclosed in the description or drawings of an earlier-filed design patent application which is laid open or published after the filing of the later-filed design patent application, a design patent shall not be granted to such design; however, this shall not apply where the applicant of the later-filed design patent application is the same as the applicant of the earlier-filed design patent application.
Article 124 Statutory exclusion
A design patent shall not be granted in respect of any of the following:
1. a shape of an article, which is solely dictated by its function;
2. an artistic work;
3. the layout of an integrated circuit and electronic circuits;
4. an article contrary to public order or morality.
Article 125 Filing date
An application for a design patent shall be filed with the Specific Patent Agency by the person entitled to applying for patent by submitting a request, a description and drawings.
The filing date of a design patent application shall be the day on which the request, description and drawings are submitted in full.
Where an applicant does not submit a description and drawings in Chinese at the time of filing, but in a foreign language, and where the Chinese translation for the said documents is submitted within the time limit specified by the Specific Patent Agency, the filing date shall be the date on which the foreign language version was originally submitted.
Where the Chinese translation is not submitted within the specified time limit as stated in the preceding paragraph, the design patent application shall be dismissed; however, if the Chinese translation is filed prior to the dismissal decision is received, the date on which the Chinese translation is filed shall be regarded as the filing date, and the foreign language version shall be deemed not having been submitted.
Article 126 Disclosure
A description and drawings shall disclose the design in a manner clear and sufficient for it to be understood and carried out by a person ordinarily skilled in the art of the design.
Manner of disclosure for description and drawings shall be prescribed in the Enforcement Rules of the Patent Act.
Article 127 Application and restriction of derivative design patent
For two or more similar designs owned by the same person, applications may be filed for a design patent and its derivative design patents.
The filing date of a derivative design patent application shall not be earlier than the filing date of the original design patent application.
An application for derivative design patent filed after the publication of the original design patent is not acceptable.
A design owned by the same person cannot file a derivative design patent which is similar only to another derivative design but not to the original design.
Article 128 Principle of first-to-file
Where two or more design patent applications are filed for the same or similar design(s), only the first-filed application can be granted. The above shall not apply if the priority date claimed for the later-filed application is earlier than the filing date of the earlier application.
Where the filing date and the priority date referred to in the preceding paragraph are the same, the applicants shall be notified to reach an agreement with respect to the matter concerned. If such an agreement cannot be reached, none of the applications shall be granted. If the said design patent applications are filed by the same applicant, the applicant shall be notified to select one design patent application within a time limit; failure to make a selection within the time limit shall result in rejection of all such design patent applications.
While the applicants concerned are in progress of reaching an agreement, the Specific Patent Agency shall require these applicants to report the results of the negotiation within an appropriate time limit. If said report is not submitted within the specified time limit, it shall be deemed that the agreement is not reached.
The above three paragraphs shall not apply to any of the following:
1. the applications for the original design and its derivative design(s);
2. the applications for two or more derivative designs originated from the same original design.
Article 129 Unity; design for a set of articles
An application for a design patent shall relate to one design.
Two or more articles belonging to the same class and are customarily sold or used together may be filed as for one design.
An application for a design patent shall indicate the article to which the design is applied.
Article 130 Division of application
For a design patent application which substantially contains two or more designs, said design patent application may, upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional applications.
A divisional application shall be filed before a reexamination decision on the original application is rendered.
For a divisional patent application, the examination thereof shall be continued from the examination procedure of the original patent application.
Article 131 Conversion between design patent and derivative design patent
When a design patent application is converted into a derivative design patent application or where a derivative design patent application is converted into a design patent application, the filing date of the converted design patent application shall be deemed to have the filing date of the original design patent application.
A converted design patent application shall not be filed under any of the following circumstances:
1. after a written decision granting the original application is served;
2. after two months from the date on which a written decision rejecting the original application is served.
A converted design patent application or a derivative design patent application shall not extend beyond the scope of disclosure in the description and/or drawings of the original application as filed.
Article 132 Conversion into design patent
Where an application originally filed for invention or utility model patent is converted into a design patent application, the filing date of the converted design patent application shall be deemed to have the filing date of the original application.
A converted application shall not be made under any of the following conditions:
1. where a written decision granting the original patent application is served;
2. after two months from the date on which a written decision rejecting the original invention patent application is served;
3. after thirty days from the date on which a written decision rejecting the original utility model patent application is served.
A converted patent application shall not extend beyond the scope disclosed in the description, claims, or drawings of the original patent application as filed.
Article 133 Foreign language documents
Where a patent applicant submits a description and drawings prepared in a foreign language under Paragraph 3 of Article 125, such foreign language documents shall not be amended.
The Chinese translation submitted under Paragraph 3 of Article 125, shall not extend beyond the scope of content of the original foreign language documents as filed.
Article 134 Grounds for rejection decision
When a design patent application is in violation of any of the provisions set forth in Articles 121 to 124, Article 126, Article 127, Paragraphs 1 to 3 of Article 128, Paragraphs 1 and 2 of Article 129, Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraph 2 of Article 133, Paragraph 4 of Article 34 applicable mutatis mutandis under Paragraph 1 of Article 142, Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1 of Article 142, and Paragraph 3 of Article 44 applicable mutatis mutandis under Paragraph 1 of Article 142 of this Act, a rejection decision shall be rendered.
Article 135 Term of patent
The term of a design patent shall expire after a period of twelve years from the filing date of the application. A derivative design patent, shall expire simultaneously with the original design patent.
Article 136 Effects of design patent right
Unless otherwise provided in this Act, the patentee of a design patent has the exclusive right to prevent others from exploiting the design or similar design(s) without the patentee’s consent.
The extent of the protection conferred by a design patent shall be determined by the drawings, and the description may be considered as a reference.
Article 137 Claim of derivative design patent
The derivative design patent right can be claimed independently, and its effect shall be extended to the scope of similarity.
Article 138 Disposal of derivative design patent
A derivative design patent right shall be assigned, entrusted, inherited, licensed or pledged together with its original design patent.
Where the original design patent right has become extinguished or has been invalidated in accordance with Subparagraph 3 or 4, Paragraph 1 of Article 70 applicable mutatis mutandis under Paragraph 1, Article 142, and where there are two or more derivative design patents still in force, the derivative design patents shall not be separately assigned, entrusted, licensed, or pledged.
Article 139 Amendment of granted design patent
When applying for amending the description or drawings of a design patent, the patentee shall only conduct the amendment as follows :
1. to correct erroneous disclosure or incorrect translations;
2. to clarify ambiguous statement.
Except for correction of incorrect translations, an amendment shall not extend beyond the scope of content of the description or drawings as filed.
For a design patent application filed by submitting the description and drawings prepared in a foreign language pursuant to Paragraph 3 of Article 125, a correction of incorrect translations shall not be beyond the scope of content of the foreign language documents as filed.
An amendment shall not substantially enlarge or alter the scope of drawings as published.
Article 140 Restriction of abandon of design patent right
A design patentee shall not abandon his/her own design patent right without consent of the licensee(s) or pledgee(s).
Article 141 Grounds for invalidation
Any person may request for invalidation against a design patent with the Specific Patent Agency under any of the following circumstances:
1. where there is a violation of any of the provisions set forth in Articles 121 to 124, Article 126, Article 127, Paragraphs 1 to 3 of Article 128, Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraph 2 of Article 133, Paragraphs 2 to 4 of Article 139, Paragraph 4 of Article 34 applicable mutatis mutandis under Paragraph 1, Article 142, Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1, Article 142 and Paragraph 3 of Article 44 applicable mutatis mutandis under Paragraph 1, Article 142 of this Act;
2. where the home country of the patentee does not accept patent applications filed by nationals of the ROC;
3. where there is a violation of Paragraph 1 of Article 12 of this Act or where the design patentee concerned is not entitled to file the design patent application.
An invalidation request based on Subparagraph 3 of the preceding paragraph shall only be filed by the interested party.
With respect to ground(s) of an invalidation request against a design patent, the provisions in effect at the time of said patent approved shall govern. However, if an invalidation request is filed based on the ground(s) under Paragraph 3 of Article 131, Paragraph 3 of Article 132, Paragraphs 2 and 4 of Article 139, Paragraph 4 of Article 34 applicable mutatis mutandis under Paragraph 1, Article 142, or Paragraph 2 of Article 43 applicable mutatis mutandis under Paragraph 1, Article 142 of this Act, such invalidation action shall be governed by the provisions in effect at the time of filing said request.
Article 142 Provisions applied mutatis mutandis to design patent
The provisions of Article 28, Article 29, Paragraphs 3 and 4 of Article 34, Article 35, Article 36, Article 42, Paragraphs 1 to 3 of Article 43, Paragraph 3 of Article 44, Article 45, Paragraph 2 of Article 46, Article 47, Article 48, Article 50, Paragraphs 1, 2 and 4 of Article 52, Paragraph 2 of Article 58, Article 59, Articles 62 to 65, Article 68, Article 70, Article 72, Paragraphs 1, 3 and 4 of Article 73, Articles 74 to 78, Paragraph 1 of Article 79, Articles 80 to 82 Articles 84 to 86, Articles 92 to 98, Articles 100 to 103, of this Act shall apply mutatis mutandis to design patents.
In the case of design patent applications, the time period specified in Paragraph 1 of
Article 28 shall be six months.
In the case of design patent applications, the time period specified in Paragraphs 2 and 4 of Article 29 shall be ten months.
Chapter V 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.
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