Home >> News & Publications >> Newsletter

Newsletter

搜尋

  • 年度搜尋:
  • 專業領域:
  • 時間區間:
    ~
  • 關鍵字:

Adjustment of Patent Official Fees



The amendment of the ROC (Taiwan) Patent Act took effect on 1 January 2013. To adapt to implementation of the amended Patent Act, the Regulations Governing Patent Official Fees ("Regulations") was amended and the amended Regulations also took effect on 1 January 2013. The major changes are as follows.
 
Item Government Fee (NT$)
Fees Applicable Prior to 1 January 2013 Fees Applicable as of 1 January 2013
Reinstatement of International Priority Claim   NT$2,000
Filing a Request for Reinstatement of Patent Right-Patent Issuance  

(1) patent certificate fee: NT$2,000

(2) 1st annuity: double the original amount of the 1st annuity

Filing a Request for Reinstatement of Patent Right-Annuity   Triple the amount of the original amount of the concerned annuity
Rectification of Translation Error   NT$2,000
Rectification of Translation Error and Application for Correction (Simultaneously Filed)   NT$2,000
Conversion of Patent Application Category to Partial Design   NT$3,000
Conversion of Patent Application Category to Derivative Design   NT$3,000
Recordal of Patent Sub-Licensing   NT$2,000
Recordal of Extinguishment of Patent Licensing/Sub-Licensing   NT$2,000
Correction of a Utility Model Patent  

(1) Formality Examination: NT$1,000

(2) Substantive Examination During Patent Cancellation Proceeding: NT$2,000

Re-examination of Invention Patent Applications

(1) If the total page number of the Chinese specification, claims and drawings is less than 50 pages: NT$8,000

(2) If the number of the total pages of the Chinese specification, claims and drawings exceeds 50 pages: NT$500 for each 50 excess pages (if the total number is less than 50 pages, it is deemed as 50 pages)

(1) If the total page number of the Chinese specification, claims, abstract, and drawings is less than 50 and if the total claim numbers is less than 10: NT$7,000

(2) If the total number of claims exceeds 10: NT$800 for each excess claim

(3) If the total page number of the Chinese specification, claims, abstract and drawings exceeds 10: NT$500 for each 50 excess pages (if the total number is less than 50 pages, it is deemed as 50 pages)

Cancellation (Invalidation) Actions Invention Patent: NT10,000 Invention Patent:

(1) For a cancellation action against patent term extension grant, or for a cancellation action against "inventorship" or "applicant's home country reciprocity" ground: NT10,000.

(2) Basic filing fee: NT5,000

(3) For each claim under cancellation: NT$800

Utility Model Patent: NT$9,000 Utility Model Patent:

(1) For a cancellation action against "inventorship" or "applicant's home country reciprocity" ground: NT9,000.

(2) Basic filing fee: NT5,000

(3) For each claim under cancellation: NT$800

Request for Utility Model Patent Technical Report NT5,000

(1) If the total number of claims is less than 10: NT5,000.

(2) If the total number of claims exceeds 10: NT$600 each excess claim

Correction (Change) of Particulars

(1) Correction(s) other than those made for specification, claims and/or drawings for invention/utility model patent applications, correction(s) other than those made for specification and/or drawings for design patent applications, recordal for other patent pledge changes, recordal for other patent trust changes: NT$300 each request

(2) Where two or more corrections are simultaneously requested: NT$300 each request

(1) Correction(s) for applicant's name, chop or signature: NT$300 each request

(2) Correction(s) for inventor(s), designer(s) or creartor(s), or corrections of name(s) of inventor(s), designer(s) or creartor(s): NT$300 each request

(3) Change for patent agent: NT$300 each request

(4) Recordal of correction(s) of other patent licensing, pledge or trust matter(s): NT$300 each request

(5) If 2 or more of Items (1)-(4) are simultaneously made: NT$300 each request

Refund of Substantive Examination Fee or Re-Examination Fee Where an invention patent application is withdrawn before the 1st examination opinion is issued, it is allowed to refund the substantive examination fee or the re-examination fee.

If, prior to issuance of the first examination opinion for an invention patent application, the substantive examination fee or the re-examination fee will be refunded under one of the following circumstances:

(1) If the applicant withdraws the patent application;

(2) If the patent application is considered withdrawn; and

(3) If the patent application is conversed into a utility model or design patent application.

The above shall not apply if a combined interview has been held for the concerned patent applications.

Late Payment of Patent Annuities If the 2nd or any of the subsequent annuities is not paid within the original deadline, the patentee can effect a late payment by paying double the amount originally due. If any of the 2nd and all subsequent annuities is not paid before the original payment deadline, the patentee can effect a late payment of such annuity with a surcharge paid in proportion of the number of months delayed (i.e., for each delayed month, the surcharge is 20% of the annuity originally due, and the maximum of surcharge shall not exceed the amount originally due; if the total tile period delayed is less than one month, it is considered as one month).
回上一頁