Regulations for Reduction and Exemption of Patent Annuities (2004.7.1. Enforced)
Amended & announced on January 14, 2004 by the MOEA Order No. Jing-Zhi 09204615280 and took effect on July 1, 2004
These Regulations are enacted in accordance with Article 83, Article 108 in applying mutatis mutandis Article 83 and Paragraph 1 of Article 129 in applying mutatis mutandis Article 83 of the Patent Act (hereinafter referred to as this Act).
Where the patentee of an invention is a natural person, school or small and medium enterprise, the request filed with the Patent Authority for reduction or exemption of the patent annuity shall be in writing.
The school as referred to in the preceding Article shall be public or private school, or foreign school recognized by the Ministry of Education.
Small and medium enterprise referred to in the preceding Article shall be enterprise that meets the requirements set forth in the Small and Medium Enterprise Definition Standards (hereinafter referred to as SMEDS); foreign enterprise shall meet the standards as stipulated in Items 1 or 2, Paragraph 2 of Article 2 of SMEDS.
The Patent Authority may, if it is deemed necessary, notify the patentee to submit relevant certifying document(s).
The amount to be reduced or exempted pursuant to these Regulations shall be as follows:
1. 1st - 3rd year: NT$800 deducted per year;
2. 4th - 6th year: NT$1,200 deducted per year.
With regard to the request for reduction or exemption of the patent annuity, the patentee may request a reduction or exemption for three (3) years or six (6) years, or makes annual request from the first year through the sixth year.
Applicant who qualifies for the request for reduction or exemption of patent annuity under these Regulations, if an overdue annuity shall be paid in double pursuant to Article 82 of this Act, the amount to be paid shall be twice the amount of that after the reduction or exemption.
Where after the patentee has pre-paid the patent annuity, and qualifies for the request for reduction or exemption of patent annuity under these Regulations, he or she may request for the reduction or exemption of the subsequent patent annuities from the next year.
In case the reduction or exemption of patent annuity has been granted and the patentee has pre-paid the patent annuity, but the reason for reduction or exemption no longer exists thereafter, the patentee shall be subject to the payment of balance from the next year of the cessation of the reason for reduction or exemption.
Applicant who meets the conditions set forth in these Regulations to make a request for reduction or exemption of patent annuity may, if the patent annuity has been pre-paid prior to the implementation of these Regulations, petition for reduction or exemption from the payment of the subsequent annuities after the implementation of these Regulations.
These Regulations shall enter into force as from the date this Act is implemented.