TIPS^®  Taiwan Intellectual Property Special

Risk Assumption of Relying on Patent Annuity Service other than the Original Agent

Although any person may effect the payment for the patent annuity in Taiwan, under the circumstances that the annual fee due is not paid within the regulatory period, Taiwan's Intellectual Property Office ("TIPO") will notify the original patent attorney, instead of the patentee himself, to effect a late payment within a grace period. The patentee, who instructs the original patent attorney not to be responsible for the annuity payment and contracts with an annuity payment service entity, therefore runs the risk of not being notified of the past due annuity and fails to effect the late payment. Patents extinguish due to such causes have been encountered frequently in the past years. The patentees have to be aware of the significance of Taiwan's system in sending the late annuity payment notification only to the original patent attorney.