Following last year’s (2024) revision of the “Guidelines for Deferred Substantive Examination of Invention and Design Patent Applications” (which took effect on January 1, 2025), the Taiwan Intellectual Property Office (TIPO) introduced measures that allow requests for deferred substantive examination also for re-examination and divisional applications for invention and design patents. This year, in response to suggestions received by the TIPO, the TIPO has revised the Guidelines again, relaxing the maximum period for deferring substantive examination for invention and design patents. This is intended to enable applicants to make sufficient use of the deferred substantive examination system and to better prepare for patent portfolio and commercialization. The amended Guidelines were announced on the Office’s website for public notice of the proposed amendments on October 27, 2025, promulgated on December 16, 2025, and will take effect on January 1, 2026. The key amendments are as follows:

1. Invention patent applications: A request to defer substantive examination is limited to one time. The deadline for requesting deferred substantive examination and for specifying the date to resume examination is extended from the current three years to five years. (Amended Points 2 and 4 of the guidelines)
2. Design patent applications: A request to defer substantive examination is limited to one time. The deadline for requesting deferred substantive examination and for specifying the date to resume examination is extended from the current one year to two years. (Amended Points 3 and 4 of the guidelines)
3. The legal basis is clarified under which the TIPO may refuse to accept a request for deferred substantive examination or may terminate the deferred substantive examination procedure. If the TIPO deems that a request for deferring substantive examination may have a significant impact on the public interest or the interests of third parties, the TIPO may refuse to accept the request; if it has already accepted the request, it may terminate the deferring of substantive examination proceedings. (Amended Point 7 of the Guidelines)