November 21, 2008 
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ADVICE
IP in General, Patent, Trademark, Industrial Design, Copyright, Litigation
TRADEMARK
Trademark Search, New Trademark Application, Renewals, Opposition, Licensing, Close File Instructions, Recordal of Changes
PATENT
Patent Search, New Patent Application, Request for Substantive Examination, Withdrawal or Abandonment, Recordal of Changes, Annuity Payment
INDUSTRIAL DESIGN
Industrial Design Search, New Industrial Design Application, Licensing, Recordal of Changes
COPYRIGHT
Copyright Search, New Copyright Application, Licensing, Recordal of Changes
LITIGATION
Somatie/Warning Letter, Request for Trademark Cancellation
FINANCE MATTERS
Remittance Advice, Outstanding Invoice, Request for Schedule of Charges
COMMENTS & SUGGESTIONS
IP in General, Patent, Trademark, Industrial Design, Copyright, Litigation
   
FAQ » Patent
 Trademark  Patent  Industrial Design  Copyright 

Question : How to determine back fee and calculate the annuity
Answer :
1. Patent granted before June 7, 1999
  - Patent Term is 20 years counted from the filing date
  - Annuity should be settled start from the granting date
   
Example :
  Patent No. ID 0 000 XXX; filing date: September 2, 1995; granting date January 5, 1998
   
 
Protection Period Years Due date of annuity payment

Sept 2, 1995 to Sept 2, 1996

1  
Sept 2, 1996 to Sept 2, 1997 2  
Sept 2, 1997 to Sept 2, 1998 3  
Sept 2, 1998 to Sept 2, 1999 4 1st annuity payment should be attended at the latest on January 5, 1999
Sept 2, 1999 to Sept 2, 2000 5 annuity payment should be attended at the latest on January 5, 2000
Sept 2, 2000 to Sept 2, 2001 6 annuity payment should be attended at the latest on January 5, 2001
Sept 2, 2001 to Sept 2, 2002 7 annuity payment should be attended at the latest on January 5, 2002
Sept 2, 2002 to Sept 2, 2003 8 annuity payment should be attended at the latest on January 5, 2003
Sept 2, 2003 to Sept 2, 2004 9 annuity payment should be attended at the latest on January 5, 2004
Mentioned omitted
Sept 2, 2012 to Sept 2, 2013 18 annuity payment should be attended at the latest on January 5, 2013
Sept 2, 2013 to Sept 2, 2014 19 annuity payment should be attended at the latest on January 5, 2014
Sept 2, 2014 to Sept 2, 2015 20 annuity payment should be attended at the latest on January 5, 2015
   
   
2. Patent Granted since June 7, 1999 (based on the Government Regulation No. 26/1999)
  - Patent term is 20 years counted from the filing date
  - Back fees (annuity from filing date to the granting date) should be settled within 1 year after grant
   
Example :
  a. Patent no. ID 0 0XX III; filing date: September 9, 1998; granting date: October 23, 2003
   
 
Protection Period Years Explanation
Sept 9, 1998 to Sept 8, 1999 1 Granting date was October 23, 2003 (between Sept 9, 2003 and Sept 8, 2004) the first annuity payment had to be attended at the latest on October 22, 2004 for 1st to 6th
Sept 9, 1999 to Sept 8, 2000 2
Sept 9, 2000 to Sept 8, 2001 3
Sept 9, 2001 to Sept 8, 2002 4
Sept 9, 2002 to Sept 8, 2003 5
Sept 9, 2003 to Sept 8, 2004 6
Sept 9, 2004 to Sept 8, 2005 7 annuity payment should be attended at the latest on October 23, 2005
Sept 9, 2005 to Sept 8, 2006 8 annuity payment should be attended at the latest on October 23, 2006
Sept 9, 2006 to Sept 8, 2007 9 annuity payment should be attended at the latest on October 23, 2007
Mentioned omitted
Sept 9, 2015 to Sept 8, 2016 18 annuity payment should be attended at the latest on October 23, 2016
Sept 9, 2016 to Sept 8, 2017 19 annuity payment should be attended at the latest on October 17, 2017
Sept 9, 2017 to Sept 8, 2018 20 annuity payment should be attended at the latest on October 17, 2018
   
  b. Patent no. ID 0 0XI III; filing date: December 2, 1999; granting date: January 5, 2005
   
 
Protection Period Years Explanation
Dec 2, 1999 to Dec 1, 2000 1 Granting date was January 5, 2005 (between Dec 2, 2004 and December 2, 2005) the first annuity payment should be attended at the latest on January 4, 2006 for 1st to 6th
Dec 2, 2000 to Dec 1, 2001 2
Dec 2, 2001 to Dec 1, 2002 3
Dec 2, 2002 to Dec 1, 2003 4
Dec 2, 2003 to Dec 1, 2004 5
Dec 2, 2004 to Dec 1, 2005 6
Dec 2, 2005 to Dec 1, 2006 7 annuity payment should be attended at the latest on January 4, 2007
Dec 2, 2006 to Dec 1, 2007 8 annuity payment should be attended at the latest on January 4, 2008
Dec 2, 2007 to Dec 1, 2008 9 annuity payment should be attended at the latest on January 4, 2009
Mentioned omitted
Dec 2, 2016 to Dec 1, 2017 18 annuity payment should be attended at the latest on January 4, 2018
Dec 2, 2017 to Dec 1, 2018 19 annuity payment should be attended at the latest on January 4, 2019
Dec 2, 2018 to Dec 1, 2019 20 annuity payment should be attended at the latest on January 4, 2020

Question : What are the terms and cost for conducting a search?
Answer : A search for patent(s) and/ore patent application(s) can be conducted with the following terms:
  • Instruction letter for conducting a search
  • A copy of front page of document to be searched  
  • The result of the search is available within 2 weeks computed from the date of instruction

 
 
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