Amended accelerated examination programme comes into effect
In order to promote the research and development of green patents and accelerate the commercialisation of related products, the Taiwan Intellectual Property Office (TIPO) has amended its accelerated examination programme (AEP) in order to expand the scope of applicability.
Having been notified by TIPO that its invention application will shortly undergo substantive examination or re-examination, an applicant may request inclusion on the AEP, provided that it has the relevant documents and meets one of the following grounds:
- the corresponding application has been approved by a foreign patent authority under substantive examination;
- the EPO, Japan Patent Office or USPTO has issued an office action during substantive examination, but has yet to approve the application’s foreign counterpart;
- the invention application is essential to commercial exploitation; and
- the invention is related to green energy technology.
Previously, the fourth ground was limited to the definition of ‘alternative energy technology’ established by the WIPO and the green energy industry, as stipulated in the Executive Yuan’s Green Energy Industry Rising Plan and National Technology Plan on Energy.
From 1 January 2022, the scope of applicability of the AEP has been expanded to include all green technologies, including energy saving, new energy, carbon emission reduction and resource-saving technologies. Any applicant requesting inclusion on the AEP under the fourth ground should provide a copy of the AEP request form, a written explanation indicating the connection between the invention and green technologies and make a payment of NT$4,000 (per request).
In addition, the issuance of the examination results (ie, office actions) has also been expedited from nine months to six months under the third ground (ie, essential to commercial exploitation) and the fourth ground (ie, inventions related to green technologies), after filing all necessary documents. Thus, applicants may receive an office action before the application is published. Applicants should consider this mechanism for greater flexibility with regard to their prosecution strategies.
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