Following is a summary of the ‘New Taiwan Patent Fee Schedule’ announced by the Taiwan Intellectual Property Office.  The New Taiwan Patent Fee Schedule is effective on January 1, 2010.

 

1.   For patent applications not exceeding 50 pages and claims not exceeding 10, which are filed on or after the New Taiwan Patent Fee Schedule effective date, the basic substantive examination fee is now NT$ 7,000 (reduced by NT$ 1,000).  Meanwhile, a new excess claim fee of NT$ 800 will be charged for each claim in excess of ten.  As for basic re-examination fees, no change will occur (NT$ 8,000 for invention patent and NT$ 3,500 for design patent applications).  The New Taiwan Patent Fee Schedule is not retroactive.

 

2.   A full refund for the substantive examination fee or re-examination fee may be applied for and received, should an application be withdrawn in response to a Substantive Examination request or Re-Examination request.  The application for full refund must be filed before issuance of the First Office Action.  Note that previously, no request for refund was allowed within 18 month after a filing date.

 

 

Following is a summary of the ‘New Taiwan Annuity Fee Schedule’ also announced by the Taiwan Intellectual Property Office.  The New Taiwan Patent Annuity Fee Schedule is also effective on January 1, 2010.

1.  A reduction of NT$ 1,000 p.a. and NT$ 2,000 p.a. has been made for patent annuity fees during the 7th to 9th years and 10th to 20th years, respectfully.

 

2. A reduction of NT$ 1,000 p.a. and NT$ 10,000 p.a. has been made for utility annuity fees during the 4th to 9th years and the 10th year, respectfully.

 

3. A reduction of NT$ 1,500 p.a., NT$ 4,000 p.a. and NT$ 13,000 has been made for design patent annuity fees during the 4th to 6th year, the 7th to 9th year and the 10th to 12th year, respectfully.

 

New Annuity Fee Schedule

 

Invention Patent (20 year patent duration)

1st to 3rd years

NT$  2,500 p.a.

4th to 6th years

NT$  5,000 p.a.

7th to 9th years

NT$  8,000 p.a.

10th to 20th years

NT$ 16,000 p.a.

Utility Model (10 year patent duration)

1st to 3rd years

NT$  2,500 p.a.

4th to 6th years

NT$  4,000 p.a.

7th to 10th years

NT$  8,000 p.a.

11th year and above (due to previous 12 year patent duration system)

NT$  8,000 p.a.

Design Patent (12 year patent duration)

1st to 3rd years

NT$  2,500 p.a.

4th to 6th years

NT$  3,500 p.a.

7th to 12th years

NT$  5,000 p.a.

 

Note that discounts previously offered to individuals, educational institutions and small-mid-sized businesses, will continue to be offered under the new fee schedule.

 

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