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Chinese Taipei: New regulations for deferred examination in force

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Since 1 April 2015, the Taiwan Intellectual Property Office (TIPO) accepts deferred patent applications under new conditions. Previously, the statutory time limit to request substantive examination of an invention patent application was within three years of the filing date of the patent application. Under the new regulations, the applicant may apply for a deferment after a request for substantive examination has already been filed (but no later than three years from application date). With the request, the applicant has to designate a specific date for TIPO to begin the substantive examination. No additional fees apply. Deferral of the examination does not affect the publication date of the patent application.

A deferment of the substantive examination shall not be granted in cases where an office action or decision to grant has already been issued, where a divisional application has been filed or where a request for substantive examination has been filed by a third party. Furthermore, a deferment cannot be requested for applications where an accelerated examination has been filed via the "Accelerated Examination Program" (AEP) or the "Patent Prosecution Highway" (PPH).

Further details, including the application form for deferred examination, can be found on TIPO's website (Chinese only).

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