CUIPFAQsPatent Right
Patent Right(From TIPO)

You should pay the certificate fee and the first-year patent annual fee within 3 months after the service of the approval decision, then the granted patent will be published. At the same time, a patent number is attached and a certificate of patent will be sent to the applicant. The granted patent shall be effective on the date of publication thereof.

An invention patent is granted for a term which begins with the publication date of the grant and ends 20 years from the filing date of the patent application.

A utility model patent is granted for a term which begins with the publication date of the grant and ends 10 years from the filing date of the patent application.

A design patent is granted for a term which begins with the publication date of the grant and ends 12 years from the filing date of the patent application.

TIPO will authorize an extension of up to five years in case there was a certain period of time during which your patent right could not be utilized after it was granted and your patent right is in the field of pharmaceuticals or agricultural chemicals, or the manufacturing process, and you were required to take some specific action or obtain permission such as permission required under the regulation on public safety.

You need to submit an application to TIPO in order to extend your invention patent right. However, the decision as to whether your patent can be extended will ultimately be left up to the discretion of the patent examiners.

Patent annual fees must be paid to maintain the patent in force. The first-year patent annual fee of the year in which the patent right is granted shall be paid before the publication of grant. The subsequent annual fees shall be paid in advance prior to the commencing date of the subsequent year.

An applicant who unintentionally fails to pay the first-year patent annual fees and the certificate fee on time may pay the patent certificate fee and two times the first-year patent annual fees within 6 months after the original time period has expired.

If the annual fees for the second or any subsequent year are not paid within the prescribed time period, a six-month grace period is provided when the annual fees may be paid with a specified percentage surcharge; the maximum of the surcharge shall be the same as the amount originally due. If both the annual fee and surcharge are not paid during the grace period, the patent extinguishes on the original due date. However, a patentee who unintentionally fails to pay a patent annual fee and surcharge within the six-month grace period on time may apply for reinstatement of the patent rights within 1 year after the expiration of the grace period by paying triple the amount originally due.

If a patent certificate is destroyed, lost or damaged to the extent that it is no longer usable, the patentee shall apply for issuance of a replacement or a substitution, stating the reasons in writing. However, overseas residents cannot apply for issuance of a replacement or a substitution without an agent in ROC.

After a patent has been granted, any person (with the exception of the patent owner himself) may request for an invalidation action against the patent with TIPO. However, where a patent application was not filed by all the joint owner(s) of the right to apply for a patent, or where the patentee is not the owner of the right to apply for a patent, an invalidation action based on these grounds shall only be filed by the interested party.

Where a patent contains more than one claim, an invalidation action may be filed against parts of the claims. The requestor must state at least one ground for invalidation under Article 71, Article 119 or Article 141 of the Patent Act and indicate facts, evidences and arguments presented in support of the ground(s).

Where an invalidation action against a patent is considered well grounded, the patent right shall be revoked; such revocation may be made on a claim-by-claim basis. Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not to have existed.

You may demand a person who infringes or is likely to infringe your patent right to stop or prevent such infringement. In case an infringement of invention patent right occurs due to intentional act or negligence, you may claim for damages suffered therefrom.