Chapter 5 Supplemental Provisions

Article 130 The storage of official files
The files of application documents, specifications, figures and drawings of patent applications shall be placed in the custody of the Patent Authority on a permanent basis. The files of other documents shall be kept for a period of no less than thirty (30) years.
The patent files referred to in the preceding Paragraph may be stored by means of microfilms, magnetic discs, magnetic tapes, optical discs or other storage mediums. The files so stored, which have been confirmed by the Patent Authority, shall be deemed the original files, and the original hard copy of such patent files may be destroyed. The reproduction of the information and records of any patent file kept in the storage mediums shall be presumed as a true copy upon confirmation by the Patent Authority.
Rules governing the confirmation, administration and use of the substitutes for the files kept in storage mediums referred to in the preceding Paragraph shall be prescribed by the Competent Authority.

Article 131 Regulations for promoting invention
The Competent Authority may develop and publish incentive regulations for encouraging invention and creation activities.

Article 132 Patents barred from extension of term
For the patent applications filed before January 23, 1994, no application for extension of the patent terms may be filed under Article 52 of this Act.

Article 133 Patent-of-addition
Where an application for patent-of-addition filed before the amendment to this Act on October 24, 2001 has not been given an irrevocable examination decision, or where a patent-of-addition remains effective, when the amendment to this Act took effect, the provisions governing patent-of-addition in force before said amendment shall be applied thereto.

Article 134 Applicability of the old and new laws
For those patent cases that have been allowed and published prior to the January 21, 1994 Amendment to this Act, the duration of the patent rights granted in such cases shall be calculated in accordance with the provisions in force prior to the present amendment to this Act. However, regarding invention patents that remain effective on the date the World Trade Organization Agreement (hereinafter referred to as the "WTO Agreement) comes into force in the jurisdictional territory of the ROC, the provisions governing the duration of invention patent rights to be enforced after the present amendment to this Act shall prevail.
For the utility model patent application cases in respect of which an irrevocable decision has been made and the contents of the utility model have been published, the provisions governing the duration of utility model patent rights to be enforced before the present amendment to this Act shall prevail.
For the design patents that remain effective on the date the WTO Agreement comes into force in the jurisdictional territory of the ROC, the provisions governing the duration of design patent right this Act that have been enforced till now after the May 7, 1997 Amendment to this Act shall prevail.

Article 135 Applicability of the new laws
For the patent applications which were filed but an irrevocable examination decision has not been rendered thereto prior to the enforcement of the January 3, 2003 Amendment to this Act, the provisions governing the duration of patent rights to be enforced after the effective date of the present amendment hereof shall prevail.

Article 136 Applicability of the old laws to opposition proceedings
For the patent opposition actions that were instituted and are pending prior to the enforcement of the January 3, 2003 Amendment to this Act, the provisions in force prior to the enforcement of the present amendment shall prevail.
For the applications in respective of which an irrevocable examination decision has been made and the contents of the patented matters have been published prior to the enforcement of the January 3, 2003 Amendment to this Act, an opposition action may still be instituted against any of such patented matters in accordance with the provisions of this Act in force prior to the enforcement of the present amendment of this Act, even after the present amendment takes effect.

Article 137 Implementing Regulations
The Implementing Regulations of this Act shall be prescribed by the Competent Authority.

Article 138 Effective date
Except for the provision of Article 11 hereof, which shall come into force from the date of promulgation of the present amendment, the effective date of the provisions set out in all other Articles hereof shall be decided by the Executive Yuan.