To enable applicants to make more effective and comprehensive use of the deferment system for substantive examination, particularly for patent portfolio management and patent commercialization, the Taiwan Intellectual Property Office (TIPO) proposes amendments to the “Operational Guidelines for Requests to Defer Substantive Examination of Invention and Design Patent Applications” (see attachment). The amendments relax the permissible deferment periods for invention and design patent applications. In addition, to prevent abuse of the deferment system that could unduly delay examination procedures, relevant restrictions have been incorporated. Key points of the draft amendments include:
 
(1) Invention Patent Applications:
It is expressly stipulated that a request to defer substantive examination for an invention patent application may be made only once. The permissible period for requesting a deferment of substantive examination or continuation of examination is extended from the current three years to five years. (See the amended provisions in Points 2 and 4)
 
(2) Design Patent Application:
It is expressly stipulated that a request to defer substantive examination for a design patent application may be made only once. The permissible period for requesting a deferment of substantive examination or continuation of examination is extended from the current one year to two years. (See the amended provisions in Points 3 and 4)
 
(3) Authority to Decline or Terminate Deferment:
It is expressly stipulated that TIPO may decline to accept a request to defer substantive examination or may terminate an ongoing deferment. (See the newly added provisions in Point 7)
 
Note: The attachment reference above can be downloaded from the following URL: https://www.tipo.gov.tw/tw/tipo1/799-65974.html.
 
(This is a translated version of a news release published on the TIPO website.)