Relevant regulations on reduction and exemption of annual patent fees in Taiwan, China

The Taiwan Intellectual Property Office (TIPO) has the following regulations regarding the reduction or exemption of annual patent fees:

Eligibility for Fee Waivers: Who can make a request for a fee waiver?

• Eligibility for reduction: According to the relevant provisions of Article 95 of the Patent Law of Taiwan, if the patentee of an invention is a natural person, school or small and medium-sized enterprise, he or she may apply to TIPO for reduction of the annual patent fee. According to Article 3 of the Patent Annual Fee Reduction and Exemption Measures, if the patentee is a foreign school or Taiwan, China, or a foreign small and medium-sized enterprise, he or she may apply in writing for reduction of the annual patent fee. If the patentee is a natural person or a school in Taiwan, China, TIPO may directly reduce the fee. Specific explanation:
  • Natural person: refers to natural persons from Taiwan, China and foreign countries
  • School: refers to a public or registered private school in Taiwan Province of China
  • Foreign schools: refers to foreign schools recognized by the Ministry of Education of Taiwan, China
  • Small and medium-sized enterprises: Enterprises that meet the standards for small and medium-sized enterprise certification, including foreign enterprises. They must register as a company or business in accordance with the law, with a paid-in capital of less than NT$100 million, or a business with less than 200 permanent employees.
• Exemption qualifications: Patent holders who are natural persons and do not have the financial ability to pay the annual fee can apply for exemption from the annual patent fee. The so-called lack of financial ability means that they must be low-income households recognized by the relevant institutions in the place of household registration in Taiwan Province, China.

Reduction amount

• Eligible for reduction of income:
  • From the first to the third year, the annual fee reduction is NT$800
  • From the 4th to the 6th year, the annual reduction is NT$1,200

Application procedure for annual fee reduction (only for 1-6 years):

• If the patent owner is a natural person or a school in Taiwan Province of China, the patent authority will directly grant a reduction in fees.
• If it is a foreign school or small and medium-sized enterprise, a written application for fee reduction must be submitted, and the fee reduction can be applied for for 3 or 6 years at a time, or applied for annually from the 1st to the 6th year.

Application procedure for annual fee exemption (no annual limit):

• Natural person patent holders who are unable to pay may submit written applications to TIPO for exemption annually.
• When applying, you must attach a low-income household certificate issued by the local government agency in Taiwan Province, China.
• The first year's annual fee should be applied for within 3 months after approval, and the annual fees for subsequent years should be applied for within the prescribed payment period or within 6 months of expiration.

In short, the policy of reducing or exempting annual patent fees is aimed at supporting innovative entities with limited economic conditions, reducing their burden and facilitating continuous innovation and research and development.