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  Rules of Patent Fees
 
  Revised and promulgated on June 30, 2004; enacted on July 1, 2004

 

  Rule 1

These rules are prescribed pursuant to Paragraph 3 of Article 80, Article 108 in applying mutatis mutandis the Paragraph 3 of Article 80 and Paragraph 1 of Article 129 shall apply mutatis mutandis the Paragraph 3 of the Article 80 of the Patent Act. (hereinafter referred to as this Act)

Rule 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.

Rule 3

Official fees relating to utility model applications are as follows:
1. Filing a utility model patent application…NT$3,000
2. Applying for conversion of an application into a utility model patent application…NT$3,000
3. Filing an application of invalidation…NT$9,000
4. Filing a divisional application…NT$3,000
5. Applying for the technical report of a utility model patent…NT$5,000
6. Applying for correction of specification or drawings…NT$2,000
7. Filing a supplemental brief or evidence in an invalidation…NT$2,000
8. Applying for 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 6 or with the supplements/amendments in the preceding Item, only the fee prescribed in Item 6 or in the preceding Item needs to be paid.

Rule 4

Official fees relating to design patent applications are as follows:

1. Filing a design patent application…NT$3,000
2. Filing an associated design patent application…NT$3,000
3. Applying for conversion of an application into a design patent application…NT$3,000
4. Filing a request for re-examination of an application…NT$3,500
5. Filing an application of invalidation…NT$8,000
6. Filing a divisional application…NT$3,000
7. Applying for correction of specification or drawings…NT$2,000
8. Filing a supplemental brief or evidence in an invalidation…NT$2,000
9. Applying for 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 the changes are made together with the correction in Item 7 or with the supplements/amendments in the preceding Item, only the fee prescribed in Item 7 or in the preceding Item needs to be paid.

Rule 5

Other official fees are as follows:
1. Recordal of assignment or inheritance for the right to apply for patent…NT$2,000
2. Recordal of assignment or inheritance for the patent right…NT$2,000
3. Recordal of license of patent right…NT$2,000
4. Recordal of pledge over patent right…NT$2,000
5. Recordal of extinguishment of pledge over patent right…NT$2,000
6. Recordal of other changes pertaining to pledge over patent right…NT$300
7. Recordal of trust of patent right…NT$2,000
8. Recordal of obliteration of patent trust…NT$2,000
9. Recordal of ownership of patent trust…NT$2,000
10. Recordal of other changes pertaining to patent trust…NT$300
11. Applying for a certified copy of a document…NT$1,000
12. Request for an interview…NT$1,000
13. Request for an inspection of the experiments, models or specimens conducted/submitted…NT$5,000

Rule 6

issue Fee…NT$1,000
In case of applying for re-issuance of the Patent Certificate…NT$600.

Rule 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.
Rule 8

For pending utility model patent applications filed before this revised Act took effect, official fees already paid shall be processed of pursuant to the following principles:

1. Where a patent is granted, the difference between the fees already paid and that prescribed under Item 1 of Rule 3 of these Rules shall be credited to the issue fee and the 1st year annuity.
2. Where a patent is not granted, the difference between the fees already paid and that prescribed under Item 1 of Rule 3 of these Rules shall be refunded.

Rule 9

For pending utility model patent applications filed before this revised Act took effect and applied for conversion into invention patent or design patent pursuant to the provisions of Article 102 or Article 104 of this Act before the render of decision of formality examination, the difference between the official fees already paid and that prescribed under Item 1 of Rule 3 shall be credited to the official fees as prescribed under Item 4 of Rule 2 or Item 3 of Rule 4 of these Rules.

Rule 10

Official fees for oppositions instituted pursuant to Paragraph 2 of Article 136 of this Act shall be as follows:
1. Invention patent…NT$6,000
2. Utility model patent…NT$4,500
3. Design patent…NT$3,500
4. Filing a supplemental brief or evidence…NT$2,000
5. Applying for supplement/amendment of specification or drawings
…NT$2,000

Rule 11

Official fees for applications that are filed by electronic means pursuant to provision of Article 19 of this Act shall be prescribed by the competent governing authority.

Rule 12

These Rules shall enter into force as from the date this Act is implemented.

 
 
 
 
 
 
 
 
 

Last Update :2005/9/26

 
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