In order to help patent applicants use invention and design patents more comprehensively and flexibly, the Taiwan Intellectual Property Office will officially implement the new version of the "Deferred Examination of Invention and Design Patent Applications" from January 1, 2025. In addition to the current delayed examination system that has already been implemented, the new version of the delayed examination will unify the invention patents and design patents that have already been implemented, including:
- 1. A request for deferred substantive examination may be filed before the Office Action Notice is served.
- 2. A divisional application may also request a deferred substantive examination.
- 3. If a request for prioritized examination has been made, a request for delayed substantive examination may not be made.
It is also clearly stipulated that only applicants for patent applications have the right to file a request for delayed examination without paying official fees. If the following circumstances occur, a request for delayed examination cannot be filed:
For invention patent applications:
1. Request for substantive examination filed by a third party.
2. A request for prioritized examination, accelerated examination or PPH has been filed.
3. More than 3 years have passed since the filing date of the invention patent application.
For design patent applications:
1. Where a request for accelerated examination has been made.
2. More than one year has passed since the design application date.
Time points when invention and design patent applications can be deferred for examination:
- The preliminary examination stage should be from the time when the substantive examination is submitted to the time when the first examination opinion notice is delivered.
- The re-examination stage should end before the first review opinion notice of the re-examination is delivered.
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