[Taiwan] TIPO Offers New Examination Services for Design Patents - Effective on September 1, 2023[ October 18, 2023 ] >Back
Considering the strategy for design patent applications, patent layout, and patent commercialization timeline, TIPO offers new examination services for design patents starting from September 1, 2023.
The expanded range of examination services for design patents includes options for accelerated examination and simultaneous adjustment of the deferred examination period for design patents.
I. Accelerated Examination:
To address design infringement and expedite the process of granting design rights to competition winners and new startups, TIPO initiated the acceptance of requests for accelerated examination of design patents on September 1, 2023. Upon filing a qualified request for accelerated examination, applicants can expect to receive examination results within just 2 months.
Timing of filing request:
After receiving the notification from TIPO that the design patent application is about to undergo examination, until the receipt of the first examination report.
Qualification and Requirement:
► Applicants who meet one of the following criteria are eligible to file a request for accelerated examination:
► The request for accelerated examination must be filed with relevant supporting documents/evidence through e-filing.
No official fee at the trial period
This trial period will end on December 31, 2024, and the TIPO will re-evaluate whether to continue to implement or modify this program.
II. Deferred Examination:
To accommodate the commercialization timelines for foreign designs in Taiwan, TIPO has also amended regulations regarding the deferred examination period for design patents.
Irrespective of whether priority rights are claimed, the deferred examination period will now be consistently set to one year from the design patent application date.
Deferred examination does not apply to the design patent application if it meets any of the following criteria:
1. An examination report or Decision notice is served.
2. An application for division has been filed based on this design patent application.
3. A request for accelerated Examination has been filed for this design patent application.
Timing of filing request:
• The request can be filed at the time of filing a design patent application
• Deadline: within ONE year from the application date of design patent application
The applicant must specify the exact date for continuing the examination when filing the request for deferred examination. The date for continuing the examination shall fall within one year from the design patent application date.
No official fee
• The applicant can withdraw the request for deferred examination once for a design patent application, but after withdrawing the request, the applicant cannot file the request again.
• After filing the request for deferred examination, the applicant can amend the date for continuing the examination, provided that the amendment complies with the aforementioned requirement.