REMISSION OF TAIWANESE PATENT ANNUITIES SIMPLIFIED

According to the “Measures of Remission on Patent Annuities” revised by the Ministry of Economic Affairs (MOEA) on July 4, 2006 and promulgated on July 6, 2006, it simplified the administrative remission process.

The revised measures would expressly apply to the following patentee:

1. a natural person, including a Taiwanese national or a foreign national; or
2. a school, including local school (a public school or a recognized private school) or a foreign school recognized and approved by our Ministry of Education; or
3. a medium/small enterprise*.

*Referring to those companies fulfilling the criteria in “Recognized Standards for Medium or Small Enterprises” as set forth by our Ministry of Economic Affairs, such as a manufacturer whose capital is less than NT$80 million (about US$2.5 million), or those in the agricultural, fishery, service industries, etc., whose annual turnovers must be less than NT$100 million (about US$3.1 million).

When the patentee(s) is a natural person of this country or of a foreign country, or of a local school, it needs not file a written application for remission of patent annuity with the Taiwan Intellectual Property Office (TIPO), but it could simply remark such in the annuity payment form when attending payment with TIPO. Also, if TIPO can identify the patentee as one who qualifies for annuity remission, it will automatically reduce its annuity fee.

If however the patentee is a foreign school, or a medium/small enterprise, then the patentee should file a written application for remission (for foreign patentee, a power of attorney appointing a local patent agent/attorney should accompany the application). If TIPO deems it necessary, it may also request the patentee to further submit relevant exhibits to prove its eligibility.

The above mentioned remission is restricted only to each of the1st to 6th annuities as shown below: