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The fee of recordation renewal is exempted if patent or trademark agent passed away

  • Date Posted:2016-10-14

The assignment relationship between patent/trademark agent and applicant is automatically void once the agent deceased. In this case, the reassignment needs to be distinguished from substituting the agent with another de jure. Acknowledging the distinction, TIPO decides to exempt the fee of recordation renewal for reassignment owing to the fact that the agent passed away.

The practice comes into effect as of Aug. 19, 2016. For applications filing before the effective date, the applicants are eligible for the exemption of fee provided that the new assignment hasn’t become valid whereas the fee is not refundable for those have finished alteration, subject to the principle of non-retroactivity.