A must-read for patent holders! Understand the key time points for annual patent fee payment in Taiwan

In the pursuit of innovation and the protection of inventions, it is crucial to ensure that patents are effective and remain valid. According to the current laws of Taiwan, China, after an invention, utility model or design patent is reviewed and authorized, the applicant must pay the certificate fee and the first year's patent annual fee within 3 months of receiving the relevant documents. This stage is particularly important because only after paying these fees can the patent be officially announced and the patent right be granted from the date of announcement. Therefore, for every patent holder or inventor who is applying for a patent, clearly understanding these time nodes and taking timely action is the first step to protect innovative achievements.

As a patent holder, it is also important to understand the requirements for maintaining patent rights during the patent validity period. The annual patent fee must also be paid within the specified time. If you want to continue to maintain the patent validity, the applicant must pay the annual fee for the following year quickly and accurately within 3 months before the expiration of the patent. For example, assuming that the patent announcement date is April 1, 2013, the deadline for payment of the annual fee for the following second year is March 31 of the following year. Orderly compliance with this payment rule is a key way to ensure that the patent continues to be legal and valid.

Taiwan patent annual fee payment time at each stage:

• Payment before the deadline:
  • The annual patent fee from the second year onwards is calculated from the date of announcement and must be paid before the deadline. The so-called "before the deadline" means that it must be paid before the patent right of the current year begins. If the patent right expires but you still want to continue to maintain it, you can restore the right by making up the payment and restoring the right, but you need to pay special attention to the relevant deadlines.
  • For example, when the patent announcement date is April 1, 2013, the second year annual fee rights of the patent start from April 1, 2013. Therefore, the second year annual fee should be paid before March 31, 2013 (including that day). Similarly, the annual fee of each year should be paid before March 31 (including that day), please refer to the following diagram.

• Payment within the 6-month grace period:
  • If the annual patent fee starting from the second year is not paid within the prescribed payment period, it can be paid within 6 months after the expiration of the deadline. However, when making up the payment, in addition to paying the normal annual patent fee, a late payment fee must be paid in proportion to the overdue time. The so-called "proportional" means that according to the length of time exceeding the prescribed payment period, an additional 20% fee must be paid for each month exceeding the prescribed payment period, which can be increased to up to twice the original annual patent fee; even if the overdue time is less than one month, it will be calculated as one month.
• Restoration period:
  • If the patent owner fails to pay the annual patent fee within the six-month supplementary payment period unintentionally , he or she can apply for restoration of the patent right by paying three times the annual patent fee within one year after the expiration of the supplementary payment period. TIPO will also announce this fact. This measure is taken into account that in practice, patent owners often fail to pay fees on time unintentionally. If the restoration of the patent is not allowed due to a momentary negligence, it may violate the original intention of the Patent Law to encourage research and development and innovation.
  • It is particularly important to note that if a patent right disappears due to exceeding the due date for supplementary payment, if a third party uses the patented technology or completes necessary preparations for implementation in good faith because they believe that the patent right has expired, the effectiveness of the patent right will no longer extend to the good faith implementer or preparer before the patent restoration announcement.
• The statutory annual fees for various types of patents in Taiwan, China are as follows:
  • Invention patents, the annual patent fee for approved invention patents is:
    • NT$2,500 per year from the first to the third year
    • 4th to 6th year: NT$5,000 per year
    • NT$8,000 per year from the 7th to the 9th year
    • NT$16,000 per year after the 10th year
  • Utility model patents: The annual patent fee for each approved utility model patent is:
    • NT$2,500 per year from the first to the third year
    • 4th to 6th year: NT$4,000 per year
    • NT$8,000 per year from the 7th year onwards
  • Design patents, approved design patents, the annual patent fee for each patent is:
    • NT$800 per year from the first to the third year
    • 4th to 6th year: NT$2,000 per year
    • NT$3,000 per year from the 7th year onwards

The above is the detailed information of annual fees for various types of patents in Taiwan, China. Mastering these details can help patent holders to walk more steadily on the road of research, development and innovation.