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Regulations of Patent Fees

Regulations of Patent Fees

  1. Promulgated on October 2, 1981
  2. Revised on April 24, 1984
  3. Revised on June 29, 1990
  4. Revised on February 25, 1991
  5. Amended on July 8, 1994
  6. Revised on November 21, 2001
  7. Revised and promulgated on June 30, 2004; effective on July 1, 2004
  8. Revised and promulgated on September 4, 2008 by the Ministry of Economic Affairs as per Order No. Ching-Chih-09704604620; effective on August 26, 2008
  9. Revised and promulgated on December 28, 2009, by the Ministry of Economic Affairs as per Order No. Ching-Chih-09804607080; effective on January 1, 2010
  10. Revised and Promulgated on June 15, 2011, by the Ministry of Economic Affairs as per Order No. Ching-Chih-10004603430; effective on July 1, 2011.

Article 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)

Article 2
Official fees relating to invention applications are:
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 do not exceed 50 pages and scope of claims does not exceed 10 claims…NT$7,000; each additional claim…NT$800; for each additional 50 pages of specification and drawings over the first 50 pages…NT$500; less than 50 pages shall be counted as 50 pages.
4. Request for conversion of an application into an invention application…NT$3,500
5. Request for re-examination of an application where the specification and drawings does not exceed 50 pages…NT$8,000; for each additional 50 pages of specification and drawings over the first 50 pages…NT$500; less than 50 pages shall be counted as 50 pages.
6. Request for invalidation…NT$10,000
7. Request for division…NT$3,500
8. Request for extension of patent term…NT$9,000
9. Request for correction of specification or drawings…NT$2,000
10. Request for compulsory license of a patent…NT$100,000
11. Request for revocation of compulsory license of a patent…NT$100,000
12. Filing a supplemental brief, reasons for correction or evidence in an invalidation…NT$2,000
13. Request for the change(s) other than 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 filing of Subparagraph 9 or Subparagraph 12, only the fee prescribed in Subparagraph 9 or Subparagraph 12 needs to be paid.
Official fees to the preceding Subparagraph 3 relating to request for substantive examination when filing for supplement/amendment of scope of claims shall be:
1. Fee shall be calculated in accordance with the amended claims if first notice has not been issued for a patent application.
2. Where a first notice has been issued for a patent application, and the number of newly increased claims and pending claims before first notice amounts to more than 10 claims, then each additional claim is NT$800.
For invention patent application filed with an English translation of the title of the invention, name or title of the applicant, name of the inventor and abstract of the specification, NT$800 is deducted from the filing fee prescribed in Paragraph 1 Subparagraph 1 or 4. This provision shall not apply when the foreign version of the specification and drawings as prescribed in Paragraph 4 of Article 25 of this Act is in English.
Where the application under Subparagraph 1 of Paragraph 1 is filed in electronic form, NT$600 will be deducted from the filing fees.

Article 2-1
Shall the patent applicant withdraws his application before the first notice is issued, a refund on the substantive examination fee prescribed in Subparagraph 3, Paragraph 1 or reexamination fee in Subparagraph 5 of the preceding article may be requested.

Article 2-2
Request for accelerated examination of an invention application that is essential to commercial exploitation, NT$4,000 per request.

Article 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.
Where the application under the subparagraph 1 of the paragraph 1 is filed in the electronic forms, the filing fees shall be reduced NT$600.

Article 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.
Where the application under the subparagraph 1 of the paragraph 1 is filed in the electronic forms, the filing fees shall be reduced NT$600.

Article 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

Article 6
issue Fee…NT$1,000
In case of applying for re-issuance of the Patent Certificate…NT$600.

Article 7
Annuities for granted invention patent are:
1. 1st-3rd year…NT$2,500 (annually)
2. 4th-6th year…NT$5,000 (annually)
3. 7th-9th year…NT$8,000 (annually)
4. 10th year and beyond…NT$16,000 (annually)
Annuities for granted utility model patent are:
1. 1st-3rd year…NT$2,500 (annually)
2. 4th-6th year…NT$4,000 (annually)
3. 7th year and beyond…NT$8,000 (annually)
Annuities for granted design patent are:
1. 1st-3rd year…NT$800 (annually)
2. 4th-6th year…NT$2,000 (annually)
3. 7th year and beyond…NT$3,000 (annually)
For an invention patent that has been granted an extension of term, the patentee shall continue to pay the applicable annuities as prescribed in the preceding paragraph for the duration of extended term; for patent that has been granted an extension of term, the patentee shall pay an annuity of NT$5,000 annually for the duration of the extended term.
Where a patent has been waived or cancelled, the patent may request for a refund of the prepaid annuities.
Any annuity prescribed in Paragraph 1 that is paid on or after the effective date of a new fee shall be subject to the new fees.
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.

Article 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.

Article 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.

Article 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

Article 11
Deleted

Article 11-1
The provisions of Subparagraph 3, Paragraph 1, and Paragraph 2 of Article 2 of this Regulations shall be applicable only to the invention patent applications filed on or after December 20, 2009.

Article 12
This Regulations shall enter into force as from the date the Patent Act is implemented.
Articles of this Regulations amended on September 4, 2008 shall come into effect on August 26, 2008.
Articles of this Regulations amended on December 20, 2009 shall come into effect on January 1, 2010.
Articles of this Regulations amended on June 15, 2011 shall come into effect on July 1, 2011.