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10.30.2020
The “Trial Program for Positive Patent Examination for New Industries” will be Implemented on January 1, 2021
In order to assist applicants of new industries to evaluate the patentability of their inventions and to acquire the patent right as soon as possible, the Taiwan Intellectual Property Office (TIPO) has formulated and issued the “Trial Program for Positive Patent Examination for New Industries.” The program will be implemented on a trial basis for half a year from January 1, 2021, and the number of trials will be thirty.

According to the program, an applicant eligible for a “startup company” may, after receipt of the TIPO’s notice that the substantive examination will begin shortly and before the issuance of the first Examination Report, file a request for examination under the program. If the request is accepted, the TIPO will proactively provide the applicant with materials for an interview, which may include a search report concerning the novelty and inventive step of the application and a brief opinion concerning other possible reasons for rejecting the application. Also, the TIPO will arrange an interview with the applicant, informing the issues of the application and suggesting feasible amendments. The applicant should decide whether to file an argument or amendment within one month after the interview. If the applicant does not file a response within the time limit, the examination will be continued under the normal procedure. If a response is timely made, in principle the TIPO will render a Decision of Allowance or issue an Examination Report within one month after receipt of the response.

The details of the program can be found on the website of the TIPO.

(Translated and summarized from the News and the attachment announced on the website of the Taiwan Intellectual Property Office)
 
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