In today's increasingly interconnected global economy, the protection of intellectual property rights has become an important aspect of international competition for businesses. As an important economic entity in Asia, Taiwan, China has its own independent patent system and patent laws, providing solid legal protection for technological innovation for businesses.

This article will provide detailed information on the types of patents in Taiwan, the duration of protection, payment methods for annual fees, fee standards, and important considerations such as legal status queries on official websites.

I. Types of Patents and Duration of Protection

Patents in Taiwan are mainly divided into three types: invention patents, utility model patents, and design patents.

1. Invention Patents: The protection period of an invention patent is 20 years from the application date.When applying for an invention patent, a rigorous substantive examination is required to ensure the novelty, creativity, and utility of the invention. For drugs and methods of producing drugs, the protection period can be extended by 2 to 5 years under certain conditions.

2. Utility Model Patents: Utility model patents are similar to utility model patents in mainland China, with a protection period of 10 years from the application date. The examination requirements for utility model patents are relatively lower than invention patents, but they still need to meet certain standards of innovation and utility.

3. Design Patents: Design patents mainly protect the external design of products, with a protection period of 15 years from the application date. Design patents focus on the aesthetic appearance and industrial applicability of new designs made up of product shapes, patterns, colors, or their combinations.

II. Annual Fee Payment Process and Deadlines

Patentee need to pay annual fees on time to maintain the validity of their patents. The payment process for annual fees is relatively standardized, with the following specific steps:

1. Payment Deadline: The payment deadline for annual fees is calculated from the patent grant date. The first-year annual fee and the authorization fee are paid together, and subsequent annual fees are paid each year, with the deadline being the day before the grant date. If the annual fee is not paid or not paid in full, there is a 6-month grace period from the payment deadline, during which late payment fees must be paid.

2. Payment Notification: The Taiwan Intellectual Property Office does not provide payment notifications.Patentee must monitor their annual fees themselves or entrust an agency to monitor them. To maintain the validity of the patent, annual fees should be paid on time. According to the patent law, annual fees can be paid for one year at a time or for multiple years at once. Late payment will incur additional late fees and may even result in the loss of patent rights.

3. Payment Methods and Payment Proof: Taiwan currently accepts cash, checks, wire transfers, automatic deductions from designated accounts, online payment of annual fees, and other forms of payment. After choosing the appropriate payment method and completing the payment, a copy of the payment receipt should be kept as proof of payment.

III. Fee Standards, Late Payment, Restoration, and Reduction Policies

The fee standards for patent annual fees in Taiwan vary depending on the type of patent and the payment period. In general, the annual fees for invention patents are higher, while those for utility model patents and design patents are relatively lower.

According to the provisions of the Taiwan Patent Law, the annual fee and certificate fee for the first year should be paid within 3 months from the date of receipt of the approval or disposition document; if not paid by the deadline, it will not be published. If the applicant unintentionally fails to pay on time within the specified period, the certificate fee and double the annual fee for the first year should be paid within 6 months after the payment deadline to complete the certificate issuance procedures.

For annual fees from the second year onwards, if not paid within the deadline, they must be paid within 6 months after the expiration, with attention to the fact that late payment during the grace period will incur late fees. Late fees are calculated monthly, with an additional 20% added for each month overdue, up to the amount of the original annual fee. Specifically:

(1) Overdue by more than 1 day but less than 1 month: additional 20%
(2)Overdue by 1 month to 2 months: additional 40%
(3) Overdue by 2 months to 3 months: additional 60%
(4)Overdue by 3 months to 4 months: additional 80%
(5) Overdue by 4 months to 6 months: additional 100%

If the fee is not paid by the end of the grace period, the patent right is lost from the original payment deadline. However, if the patent holder unintentionally fails to pay within 6 months after the payment deadline, they can apply for the restoration of the patent right within 1 year after the grace period ends, pay three times the annual fee, and have the patent office announce the restoration of the patent right after review.

Fee reduction policy for patent annual fees: Patentee who are foreign schools or small and medium-sized enterprises in Taiwan or abroad can apply for a reduction in patent annual fees by submitting a written application to the Taiwan Intellectual Property Office (the application for payment of patent annual fees must declare the identity that qualifies for the reduction and be signed). Those who qualify for a reduction will receive a reduction of NT$800 for the first to third years and NT$1200 for the fourth to sixth years annually, and can apply for a reduction for multiple years annually or at once. If eligible for a reduction and need to pay late fees, the late fees will be calculated based on the reduced amount. There is no provision for a reduction in annual fees from the seventh year onwards.

The fee schedule for patent annual fees in Taiwan is as follows:

IV. Checking Patent Status and Fee Information

Patentee can check the legal status and fee payment information of their patents through the official website of the Taiwan Intellectual Property Office: https://www.tipo.gov.tw/tw/mp-1.html. The steps to check are as follows:

1. Go to the patent query page: Click on "Patents" at the top left of the homepage to enter the patent section. Then click on "Patent Search" to enter the patent query page.

2. Choose the query system: Click on "Taiwan Patent Search System" to enter the patent query page.

3. Enter the patent number for the query: Select the corresponding patent number to find the information and status of the patent. On the patent information page, select "Patent Right Change" to see the payment information of the patent.

V. Considerations

1.  Pay attention to payment deadlines: Patentee should pay attention to payment deadlines to ensure that they do not lose their patent rights due to negligence.

2.  Choose the appropriate payment method: Patentee can choose cash, checks, wire transfers, or other suitable payment methods based on their circumstances.

3.  Retain payment proof: After payment, patentee should keep a copy of the payment receipt for reference and verification.

4.  Understand the fee reduction policy: Patentee who qualifies for fee reductions should take advantage of the policy to reduce the cost of maintaining patents.

In conclusion, the patent annual fee system in Taiwan provides solid legal protection for technological innovation for businesses. Patentee should fully understand the payment process, fee standards, and related considerations to ensure the continued validity of their patents.

Our company can handle the maintenance and payment of patent annual fees in Taiwan on behalf of clients. If needed, please send an email directly to: annuity@kangxin.com, and our company will provide professional and efficient fee payment services.