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On 8 December 2009, the Intellectual Property Office (IPO) released an announcement regarding the amendment of the Rules for Patent Government Fees (Amendment), which took effect on 1 January 2010. The major amendments are as follows:
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Government Fees for Invention Patent Applications are Calculated Based on the Number of Claims
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Prior to the Amendment
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Prior to the Amendment, the substantive examination fees were as follows:
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1.
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Where the total page number of the Chinese patent specification (including claims) and drawings is less than 50, the fee is NT$8,000; and
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2.
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Where the total page number of the Chinese patent specification (including claims) and drawings is more than 50, NT$500 shall be charged for each 50 extra pages (if the rest total page number is less than 50, it shall be deemed 50).
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After the Amendment
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1.
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If the total page number of the Chinese patent specification and drawings is less than 50, and if the total number of claims is less than 10, the fee is NT$7,000;
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2.
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If the total page number of the Chinese patent specification and drawings is more than 50, NT$500 will be charge for each 50 extra pages (if the number of the excess pages is less than 50, it shall be deemed 50); and
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3.
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If the total claim number exceeds 10, NT$800 shall be charged for each excess claim.
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Where a patent applicant applies for amendment or supplement of his (her) patent application, the substantive examination fee shall be as follows:
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1.
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Prior to the issuance of the first office action, the fee shall be calculated on the basis of the total claims on file; and
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After the issuance of the first office action, the fee shall be calculated on the basis of the number of any newly added claims and the claims on file prior to the issuance of the office action, and NT$800 shall be charged for each excess claim.
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The above applies to patent applications filed on or after 1 January 2010. For an invention patent application that has been withdrawn prior to issuance of the first office action, the applicant may apply for a refund of the examination fees or reexamination fess. The number of claims does not affect the annuity payments for granted patents.
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Adjustments of Annuity Payments
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For any patent annuity that has been pre-paid, the patentee may, as the case may be, apply for a refund of the excess payment. Adjustments of patent annuities are as follows:
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New
Invention Patent
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Annuity Year
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Current Rates (NT$)
(Each Year)
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Rates Effective As of 1 January 2010 (NT$)
(Each Year)
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1st ~ 3rd
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2500
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2500 (unchanged)
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4th ~ 6th
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5000
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5000 (unchanged)
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7th ~ 9th
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9000
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8000
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10th or up
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18000
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16000
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New
Utility Model Patent
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Annuity Year
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Current Rates (NT$)
(Each Year)
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Rates Effective As of 1 January 2010 (NT$)
(Each Year)
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1st ~ 3rd
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2500
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2500 (unchanged)
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4th ~ 6th
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5000
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4000
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7th ~ 9th
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9000
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8000
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10th or up
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18000
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8000
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New
Design Patent
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Annuity Year
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Current Rates (NT$)
(Each Year)
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Rates Effective As of 1 January 2010 (NT$)
(Each Year)
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1st ~ 3rd
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2500
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2500 (unchanged)
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4th ~ 6th
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5000
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3500
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7th ~ 9th
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9000
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5000
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10th or up
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18000
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5000
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