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CHANGES IN FEE SCHEDULE FOR TAWAN INTELLECTUAL PROPERTY OFFICE (TIPO)

by Shourjo Dasgupta

Effective January 1, 2010, the following changes have been made to fee schedules for TIPO:

Full refund of examination fees is available for a patent application that has yet to be substantively examined by TIPO

An explicit withdrawal in writing is required prior to the start of examination for the full refund. This may be useful for applicants who have filed a patent application with TIPO that have later been deemed to have little or no commercial value.

Examination fees are computed based on the number of claims examined

The following pertains to patent applications or divisional applications filed on or after January 1, 2010 (i.e., old patent fee regulations still apply for patent applications and divisional applications filed before January 1, 2010). Invention patent applications with 10 claims or less result in a preliminary examination fee of NT $7000 (about $234 USD). Invention patent applications in excess of 10 claims will result in an additional surcharge to the preliminary examination fee of NT $800 (about $27 USD) per each additional claim beyond 10. Before the first Office Action, applicants may be: (i) assessed an additional surcharge for each new claim added in excess of 10 claims; and (ii) entitled to a refund when claims have been cancelled for which an additional claim surcharge had previously been paid (e.g., at or after the time of filing). After the first Office Action, applicants may be assessed an additional surcharge for each new claim added in excess of 10 claims.

Annuity fees for all categories of patents are reduced


For invention patent applications, the annuity fee is: (i) NT $2500 (about $84 USD) in the 1st through 3rd years; (ii) NT $5000 (about $167 USD) in the 4th through 6th years; (iii) NT $8000 (about $267 USD) in the 7th through 9th years; and (iv) NT $16000 (about $534 USD) in the 10th year and beyond. For utility patent applications, the annuity fee is: (i) NT $2500 (about $84 USD) in the 1st through 3rd years; (ii) NT $4000 (about $133 USD) in the 4th through 6th years; (iii) NT $8000 (about $267 USD) in the 7th through 9th years; and (iv) NT $8000 (about $267 USD) in the 10th year and beyond. For design patent applications, the annuity fee is: (i) NT $2500 (about $84 USD) in the 1st through 3rd years; (ii) NT $3500 (about $117 USD) in the 4th through 6th years; (iii) NT $5000 (about $157 USD) in the 7th through 9th years; and (iv) NT $5000 (about $157 USD) in the 10th year and beyond.
 

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