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The Taiwan Intellectual Property Office (TIPO) has revised the Guidelines for Deferred Substantive Examination of Invention and Design Patent Applications, effective January 1, 2026, to provide applicants with greater flexibility in examination timing and patent portfolio planning.
I. Key Amendments
- Extension of Deferred Examination Period
Invention: The maximum deferral period is extended from 3 years to 5 years.
Design: The maximum deferral period is extended from 1 year to 2 years.
- Limitation on Number of Requests
For both invention and design patents, the request for deferred substantive examination is limited to one time only.
- Authority to Reject or Terminate Deferral
If a patent application may have a significant impact on public interest or third-party rights, TIPO may reject or terminate the deferred substantive examination.
II. Other Information
- Eligible Period for Requesting Deferral
Requests must be filed within 5 years (Invention) or 2 years (Design) from the filing date. The period is calculated from the Taiwan filing date, regardless of whether priority is claimed.
- Restrictions on Requesting Deferral
A request for deferral is prohibited if:
For Invention: (a) A third party has already filed for substantive examination; (b) Priority examination, AEP, or PPH has been requested; or (c) The 5-year limit has passed.
For Design: (a) Accelerated examination has been requested; or (b) The 2-year limit has passed.
- Withdrawal of Request
Applicants may withdraw a deferral request. However, once withdrawn, no further request for deferral can be made in either the first instance or the re-examination stage.
- Changing the Resume Date
Applicants may request to change the date on which the substantive examination is to resume, provided it remains within the statutory maximum deferral period.
- Impact on Early Publication
A request for deferred examination does not affect the automatic 18-month early publication process for invention patents.
III. Commentary
These amendments offer applicants greater strategic flexibility, particularly for cases under market evaluation, commercialization planning, or international portfolio coordination. However, as deferral is limited to one request per case and may be terminated in competitive disputes, we recommend careful timing and strategic assessment.
For further information regarding Deferred Examination, please feel free to contact us via email (jawhwa@jaw-hwa.com.tw).
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