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[Taiwan] TIPO Confirms Reinstatement Option for USPTO Priority Document Delays

[ November 27, 2025 ] >Back
The Taiwan Intellectual Property Office (TIPO) has recently clarified a key procedure highly relevant to patent and trademark applications claiming U.S. priority.

Reinstatement Mechanism
TIPO has confirmed that applicants may seek reinstatement of rights if they fail to submit the required priority documents within the statutory period due to circumstances not attributable to the applicant (e.g., USPTO delays).

Legal Basis
  • Patent: Article 17(2) of the Patent Act and Article 12 of the Enforcement Rules.
  • Trademark: Article 8(2) of the Trademark Act and Article 9 of the Enforcement Rules.

Supporting Documentation
Applicants may submit supporting documents such as an official written notice issued by the USPTO or an email sent from an official USPTO address.
  • This document must clearly explain the reason for the delay (e.g., staffing shortages) and identify the relevant priority application or order number(s).
  • TIPO will examine all requests on a case-by-case basis.

Recommendation
For Taiwan filings claiming U.S. priority, applicants and agents should consider obtaining prompt written confirmation from the USPTO whenever delays in securing certified priority documents are anticipated.

Should you require assistance with reinstatement requests or any Taiwan IP filings, please feel free to contact us via email (jawhwa@jaw-hwa.com.tw).