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Advancing laying-open is no longer a prerequisite for requesting AEP, PPH and TW-SUPA from April 1, 2016

2016-05-02
Before April 1, it was mandatory for AEP, PPH and TW-SUPA applications which request for accelerated examination and has not yet been laid open to file a request for advancing the laying-open of the application and pay $1,000 fee.



Recently TIPO’s backlog reduction project has turned out successfully. The examination pendency has gradually shortened in the past few years. As a result, we have seen a gradual increase in the number of applications that have not yet been laid open (18 months) but are already undergoing substantive examination. Taking into account of the objective of PPH program, it may impede the PPH cooperation if the examination can only start with a request for advancing the laying-open of the application. Referring to the practice adopted by JPO, KIPO and USPTO, it does not require statutory laying-open in their PPH guidelines. Thus, since April 1, 2016, it no longer requires advancing the laying-open for AEP, PPH and TW-SUPA applications which request for accelerated examination and has not yet been laid open. It is hoped to optimize all accelerated examination programs and save applicants from paying extra fees for advancing the laying-open for applications.