In Taiwan, design patents are subject to substantive examination. A deferred examination program for design patents was introduced in 2018, and no accelerated examination is currently available. However, the Taiwan Intellectual Property Office (TIPO) recently proposed to amend the deferred examination program and to introduce an accelerated examination pilot program for design patents.

Amendment to the Deferred Examination Program

Under the current deferred examination program, applicants can request deferred examination for design patents within one year from the filing date. If an application claims priority, the request for deferred examination should be filed within one year from the priority date. In the proposed amendment, applicants can request deferred examination within one year from the filing date no matter whether priority is claimed.

Introduction of the Accelerated Examination Pilot Program

The proposed accelerated examination pilot program stipulates the following provisions:

○ Timing: The applicant has been notified that substantive examination will begin shortly, and the TIPO has not issued the first Examination Report for the application.

○ Application: E-filing only.

○ Charge: No official fee under the pilot scheme.

○ Conditions:

    a.  Commercial exploitation by a third party.

        • Required documents:

- Document of proof for the commercial exploitation by the third party (e.g., catalogs, newspapers and magazines).

- Statements about the information of the third party, the act of exploitation and the time of initiating the act.

    b.  The claimed design has been awarded an eminent domestic or international design award

        • Eligible awards:

- Golden Pin Design Award (Taiwan)

- iF Design Award (Germany)

- Red Dot Design Award (Germany)

- Good Design Award (Japan)

-  International Design Excellence Awards (USA)

        • Required documents:

- Certificate of award showing the applicant as the winner.

- Document of proof showing the awarded design or appearance (printout of the official website is acceptable).

The documents should prove that the applicant is the winner, and the drawing of the design patent application must correspond to the awarded design or appearance.

    c.  Applications filed by startup companies

       • Eligible companies: Established for less than eight years.

       • Limitation: Three applications per year.

       • Required documents:

- Domestic companies: no documents of proof are required.

- Foreign companies: Document of proof for the establishment date of the company, along with a Chinese translation of the same. If the document of proof is not the original, an affidavit letter is required.

○ Pendency:   The TIPO will issue the first Examination Report within two months from the date of requesting accelerated examination.

(Translated and summarized from the annual business report published by the TIPO.)

* Section Chief of International Patent Division at Tai E International Patent & Law Office