In order to reflect the user charges principle and establish reasonable charge mechanism, Taiwan Intellectual Property Office (TIPO) has revised the official fees related to patent applications including adjusting the current fees for the request of re-examination and the petition of invalidation, adding the fees for restoration of priority right and correction of translation errors, etc. The revised official fees will be implemented starting from January 2013 together with the revised Patent Act. We have summarized the revised official fees as shown in the following table.
| Items | Fees | Remarks | ||
|---|---|---|---|---|
| Request for Re-examination (invention patent application) | Basic Fee NT$7000 (within 10 claims) plus excess claim fee at NT$800 for each additional claim | Excess page fee (at NT$500 for each additional 50 pages) is still applicable if the total pages of specification and drawings are more than 50 pages. | ||
| Technical Verification Report (utility model application) | Basic Fee NT$5000 (within 10 claims) plus excess claim fee at NT$600 for each additional claim | The current fee does not charge for excess claim fee. | ||
| Restoration of Priority Right | NT$2,000 | Applicant can now file a petition on restoration of priority right (cf. Article 29 Paragraph 4 of the revised Patent Act). | ||
| Correction of Translation Errors | NT$2,000 | See below* | ||
| Invalidation (invention or utility model patent) | Invalidation against all or partial claims | Basic Fee NT$5000 plus the claim fee at NT$800 for each claim to be invalidated | **Including the reasons such as the patentee is not entitled to file the patent application or the home country of the patentee does not accept the patent application filed by the national of Republic of China (Taiwan). | |
| Invalidation based on specific reasons (See Remarks**) | Invention | NT$10,000 | ||
| Utility Model | NT$9,000 | |||
| Amendment for utility model patent | NT$1000 for the amendment on formality matter | The current fee is NT$2000 regardless if the amendment is to be made on formality or substantial matters. | ||
| NT$2000 for the amendment on substantial matter together with invalidation filed | ||||
| Recordal of name change for applicant or inventor, etc. | NT$300 | Only one official fee payable for multiple changes filed at the same time. | ||
| Conversion into partial design or derivative design | NT$3,000 | The revised Patent Act has made several changes on the current design system including the introduction of partial design and derivative design, etc. | ||
*For patent application filed by the foreign language specification, the applicant must supplement its Chinese translated specification within a designated term. The Chinese specification shall not extend beyond the scope of the foreign language specification originally filed. However if the applicant has later found translation errors in the Chinese specification, he can still file a correction not exceeding the disclosure scope of said foreign language specification. As the revised Taiwan Patent Act now stipulates that the originally filed foreign language specification is not allowed to be amended (cf. Article 44 Paragraph 1, etc. of the revised Patent Act), the amendment on translation errors has been introduced (cf. Article 44 Paragraph 3, Article 67, etc. of the revised Patent Act) so that the later amendment (of the Chinese specification only) should be based on this amended version (i.e. the Chinese specification made after the amendment due to translation errors).
