SAINT ISLAND INTELLECTUAL PROPERTY GROUP

Taiwan IP Practice

Patent Right and Annuities

3 0
  • 1
    How long is the duration term of a patent?
    1

    The duration term of an invention patent is 20 years, that for a utility model is 10 years, and that for a design patent is 15 years, calculated from the filing date and effective from the publication date.

  • 2
    When will the Patentee receive the Letters Patent after conducting payment of the issue fee and the first annuity?
    2

    After conducting payment, the Patentee may expect to receive the Letters Patent in about 30 days.

  • 3
    How does the Patentee pay subsequent annuities?
    3

    The Patentee can pay the subsequent annuities on a yearly basis or in a lump sum (such as every three or five years).

  • 4
    What will happen if the Patentee fails to timely pay a subsequent annuity?
    4

    The Patentee is still allowed to pay the annuity within a 6-month grace period with payment of a late fine calculated based upon the following rates:
     

    for the 1st month: 20% of the official fee payable
    for the 2nd month: 40% of the official fee payable
    for the 3rd month: 60% of the official fee payable
    for the 4th month: 80% of the official fee payable
    for the 5th month: 100% of the official fee payable
    for the 6th month: 100% of the official fee payable

  • 5
    Is it possible to reinstate a lapsed patent?
    5

    If the annuity is still not paid within the 6-month grace period, thus resulting in lapse of the patent, the Patentee is allowed to reinstate the patent within 1 year from the expiry date of the grace period. However, the official fee paid for the reinstatement shall triple the prescribed amount.

  • 6
    Is it necessary to pay annuities for a derivative design patent?
    6

    Yes. Since a derivative design patent has its own Letters Patent and independent patent right, it is necessary to pay annuities therefor.

  • 7
    Who is entitled to request for reduction or exemption of annuities?
    7

    Where the Patentee of an invention patent is a natural person, a school, or a small business entity, he can file a request with the TIPO for reduction of or exemption from annuities.

*The above contents are intended as general discussion of the subject matter only and shall not be deemed as legal advice to any particular case or issue.