On December 28, 2009, TIPO (Taiwan Intellectual Property Office) promulgated Amendments of Article 2, Article 2.1, Article 7, Article 11.1 and Article 12 of the Regulations of Patent Fees; the Amendment was effected on January 1, 2010.
The revised regulations are translated and compared with the original clauses in the following table. The revised and/or added contents are marked with italics and underlines.
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Revised Regulations of Patent Fees |
Previous Articles (adopted from TIPO website) |
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Article 2 Official fees relating to invention applications are as follows: 1. Filing an invention patent application…NT$3,500 2. Request for earlier laying-open of an invention patent application …NT$1,000 3. Request for substantive examination of an application where the specification and drawings does not excess of 50 pages, provided the number of the claims requesting for substantive examination does not extend 10…NT$7,000; after the 10th claim, NT$800 is added for each claim; where the specification and drawings exceed 50 pages, each additional 50 pages after the first fifty pages is surcharged NT$500; less than fifty pages shall be counted as a unit of fifty. 4. applying for conversion of an application into an invention application…NT$3,500 5. Filing a request for re-examination of an application where the specification and drawings does not exceed of 50 pages…NT$8,000 surcharge…each additional 50 pages offer the first fifty; less than fifty shall be counted as fifty…NT$500 6. Filing an application of invalidation…NT$10,000 7. Filing a divisional application…NT$3,500 8. Applying for extension of patent term…NT$9,000 9. Applying for correction of specification or drawings…NT$2,000 10. Applying for compulsory license of a patent…NT$100,000 11. Applying for revocation of compulsory license of a patent…NT$100,000 12. Filing a supplemental brief or evidence in an invalidation…NT$2,000 13. Applying for the change(s) other than those made with respect to the specification or drawings…NT$300; where two or more changes are made for an application at the same time…NT$300; where changes are made together with the correction in Item 9 or with the supplements/amendments in the preceding Item, only the fee prescribed in Item 9 or in the preceding Item needs to be paid. The calculations for supplemental or amending claims associated with the prescribed item 3 concerning substantive examination fees are based on the following clauses: 1. prior to the notice of the first Official Action, the number of claims is calculated as the amended claims; 2. after the notice of the first Official Action, the added claims and the previously filed claims are counted as the number of the claims, when the number exceeds 10, each additional claim is surcharged NT$800. For an invention patent application where the Chinese specification is filed with an English translation of the first page thereof and the Abstract, an NT$800 is deducted from the filing fee prescribed in Item 1 or Item 4 of the first paragraph. This provision shall not apply where the foreign version of the specification and drawings as prescribed in Paragraph 4 of Article 25 of this Act were filed in English. Where the application under the subparagraph 1 of the paragraph 1 is filed in the electronic forms, the filing fees shall be reduced NT$600. |
Article 2 Official fees relating to invention applications are as follows: 1. Filing an invention patent application…NT$3,500 2. Request for earlier laying-open of an invention patent application …NT$1,000 3. Request for substantive examination of an application where the specification and drawings does not excess of 50 pages…NT$8,000 surcharge…each additional 50 pages offer the first fifty; less than fifty shall be counted as fifty…NT$500 4. applying for conversion of an application into an invention application…NT$3,500 5. Filing a request for re-examination of an application where the specification and drawings does not exceed of 50 pages…NT$8,000 surcharge…each additional 50 pages offer the first fifty; less than fifty shall be counted as fifty…NT$500 6. Filing an application of invalidation…NT$10,000 7. Filing a divisional application…NT$3,500 8. Applying for extension of patent term…NT$9,000 9. Applying for correction of specification or drawings…NT$2,000 10. Applying for compulsory license of a patent…NT$100,000 11. Applying for revocation of compulsory license of a patent…NT$100,000 12. Filing a supplemental brief or evidence in an invalidation…NT$2,000 13. Applying for the change(s) other than those made with respect to the specification or drawings…NT$300; where two or more changes are made for an application at the same time…NT$300; where changes are made together with the correction in Item 9 or with the supplements/amendments in the preceding Item, only the fee prescribed in Item 9 or in the preceding Item needs to be paid. For an invention patent application where the Chinese specification is filed with an English translation of the first page thereof and the Abstract, an NT$800 is deducted from the filing fee prescribed in Item 1 of the preceding paragraph. This provision shall not apply where the foreign version of the specification and drawings as prescribed in Paragraph 4 of Article 25 of this Act were filed in English. Where the application under the subparagraph 1 of the paragraph 1 is filed in the electronic forms, the filing fees shall be reduced NT$600. |
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Article 2.1 If Applicant withdraws his or her application prior to receiving the notice of the first Official Action, a refund of the request of a substantive examination fee as set forth in Item 3 of the first paragraph of the previous Article or the re-examination fee as set forth in Item 5 thereof is applicable. |
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Article 7 Annual fees for maintaining a granted Invention patent in force are as follows: 1. 1st-3rd year…NT$2,500 (annually) 2. 4th-6th year…NT$5,000 (annually) 3. 7th-9th year…NT$9,000 (annually) 4. 10th year and beyond…NT$16,000 (annually) Annual fees for maintaining a granted Utility patent in force are as follows: 1. 1st-3rd year…NT$2,500 (annually) 2. 4th-6th year…NT$4,000 (annually) 3. 7th year and beyond…NT$8,000 (annually) Annual fees for maintaining a granted New Design patent in force are as follows: 1. 1st-3rd year…NT$2,500 (annually) 2. 4th-6th year…NT$3,500 (annually) 4. 7th year and beyond…NT$5,000 (annually) For an invention patent granted an extended duration, the Patentee shall continue to pay the applicable annuities as prescribed during the extended duration; for patent that has been granted an extended duration, the Patentee shall pay an annuity of NT$5,000 annually during the extended duration. Where a patent has been waived or cancelled, prepaid annuities shall be refunded. Any annuities prescribed in Paragraph 1 that are paid on or after the effective date of a new fee shall be subject to the new fees then in effect. Where the duration of a granted patent, calculated in accordance with the applicable provisions of this Act, is less than one year, the Patentee shall still pay the prescribed annuity. |
Article 7 Annual fees for maintaining a granted patent in force are as follows: 1. 1st-3rd year…NT$2,500 (annually) 2. 4th-6th year…NT$5,000 (annually) 3. 7th-9th year…NT$9,000 (annually) 4. 10th year and beyond…NT$18,000 (annually) For an invention patent granted an extended duration, the Patentee shall continue to pay the applicable annuities as prescribed during the extended duration; for patent that has been granted an extended duration, the Patentee shall pay an annuity of NT$5,000 annually during the extended duration. Where a patent has been waived or cancelled, prepaid annuities shall be refunded. Any annuities prescribed in Paragraph 1 that are paid on or after the effective date of a new fee shall be subject to the new fees then in effect. Where the duration of a granted patent, calculated in accordance with the applicable provisions of this Act, is less than one year, the Patentee shall still pay the prescribed annuity. |
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Article 11.1 The stipulations of Item 3, paragraph 1 and paragraph 2 of Article 2 of the Regulations are only applicable to Invention patent applications filed after the executive date of December 20, 2009 of the Amendment. |
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Article 12 These Rules shall enter into force as from the date this Act is implemented. The Rules were amended on September 4, 2008 and the amended articles of the Regulations hereof shall come into effect on August 26, 2008. The Regulations were amended on December 20, 2009 and entered force on January 1, 2010.
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Article 12 These Rules shall enter into force as from the date this Act is implemented. The amended articles of the Regulations hereof shall come into effect on August 26, 2008. |