Annual fees of Patents in Hong Kong, Macao, and Taiwan

In the previous article, we have shared annual fees of Chinese patent applications, specifically in Mainland China. This article will talk about maintenance fees of patents in Hong Kong, patents in Macao and patents in Taiwan.

Patents in Hong Kong

There are three types of patents in Hong Kong, including standard patent, short-term patent, and design patent. As for standard patent, there are two types: standard patent (O) and standard patent (R).

A standard patent (O) application can be filed directly in Hong Kong, and is subject to both formality and substantive examinations.

A standard patent (R) application can be filed on the basis of a corresponding patent application for the same invention previously filed with one of the following three designated patent office: CNIPA, EPO, UKIPO.

Term of Protection

A standard patent is valid for 20 years from the date of filing.

A short-term patent is valid for 8 years from the date of filing.

A design patent is valid for 25 years from the date of filing.

Annual Fees

For standard patent (O), the applicant can request for renewal for a further year after the expiry of the 3^rd year. While, for standard patent (R), the applicant can request for renewal for a further year after the expiry of the 5^rd year.

A short-term patent can be renewed once in the 4th year from the filing date, and the maximum protection period is 8 years.

Registered design protection is renewable for periods of five years up to a maximum of 25 years.

Patents in Macao

In Macao, a patent can be classified into four types: invention patent, utility patent, industrial model and design patent, and other patents. We will not discuss the type classified into other patents here.

Term of Protection

An invention patent is valid for 20 years from the date of filing.

A utility patent is valid for 10 years from the date of filing.

A design patent is valid for 25 years from the date of filing.

Annual Fees

For invention patents, the annual fee for the first 3 years has been included in the registration application fee. After the patent is granted, the applicant needs to pay maintenance fee annually from the fourth year from the filling date to maintain the validity of the patent right.

For utility patents in Macao, the annual fee for the first 2 years has been included in the registration application fee. So, the renewal fee needs to be paid annually from the third year from the date of filing.

For industrial model and design patents, the annual fee for the first 5 years has been included in the registration application fee. So, the renewal fee needs to be paid annually from the sixth year from the date of filing.

Patents in Taiwan

For patents in Taiwan, the types are the same as those in mainland China, namely invention, utility model, and design patents.

Term of Protection

An invention patent is valid for 20 years from the date of filing.

A utility model patent is valid for 10 years from the date of filing.

A design patent is valid for 12 years from the date of filing.

Annual Fees

To pay annual fees for patents in Taiwan, applicants can pay it year by year or pay the annual fee for multiple years at one time.

Patent annual fees must be paid to keep the patent in effect. If the annual fees for any year are not paid within the prescribed time period, a six-month grace period is provided, during which the annual fees may be paid with a specified percentage surcharge. This six-month grace period applies to patents in Hong Kong, Macao, and Taiwan.