Newsletter
Amendment to Guidelines for Application for Deferment of Substantive Examination for ROC (Taiwan) Invention and Design Patent Applications
Amendment to Guidelines for Application for Deferment of Substantive Examination for ROC (Taiwan) Invention and Design Patent Applications
Michael Sun/ Andy Hsieh
In order to provide patent applicants with greater flexibility in filing strategy and thereby strengthen patent portfolios and facilitate patent commercialization, the Taiwan Intellectual Property Office (TIPO) has made the following amendments to the Guidelines for Application for Deferment of Substantive Examination of Invention and Design Patent Applications (hereinafter referred to as "Guidelines"):
1. A "one-time-request" limitation has been added to the Guidelines for deferment of substantive examination of an invention or a design patent application.
2. The timeframe has been expanded for an applicant to file a request for deferment or resume substantive examination of an invention application—from "within three years from the filing date" to "within five years from the filing date."
3. The timeframe has also been expanded for an applicant to file a request for deferment or resume substantive examination of a design application—from "within one year from the filing date" to "within two years from the filing date.
4. Where the TIPO deems that deferment of substantive examination may have a significant impact on public welfare or a third party's interest, it can dismiss the request for such deferment. The TIPO also can terminate such deferment after it has been granted.
5. For applications for deferred substantive examination that were filed before the amendments to these Guidelines came into effect on January 1, 2026, if the date for resumption of substantive examination has not yet arrived, the amended provisions shall apply.
The amendments to the Guidelines took effect on 1 January 2026. If you have any questions regarding the amended Guidelines, please feel free to contact us.