07.13.2018
Deferred Examination Program for Design Patent Applications
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BY TOMMY C. C. TSAI
Starting from July 1, 2018, the Taiwan Intellectual Property Office (TIPO) began accepting requests for the deferred examination program for design patent applications. The purpose of such program is to allow for more flexibility during prosecution while taking into account applicants’ patent filing strategies, patent deployment and patent commercialization timelines.
The deferred examination program is applicable to Taiwanese design patent applications. However, such program shall not apply to:
(1) a patent application for which an examination report has been issued or a decision has been rendered, or
(2) a request for division for the design patent application has been filed.
A request for the deferred examination program shall be made on the filing date of the patent application or during the prosecution of the patent application. Further, a request for the deferred examination program shall be made within one (1) year after the filing date of the patent application or the priority date, where a priority is claimed.
A request for the deferred examination program shall be filed in writing with the TIPO by the applicant. Simultaneously with said request, a statement with respect to the following items shall be provided:
(1) the application number of the design patent application;
(2) the name of the applicant and the name of the representatives (if the applicant has designated a representative to handle patent-related matters on his/her behalf).
(3) the date on which the applicant intents to resume the substantive examination.
Regarding the required fees, please note that no official fee is required for the deferred examination program.
The substantive examination of the design patent application shall resume the completed examination procedure of the application. The intended date to resume the substantive examination specified by the applicant shall be no later than one (1) year after the filing date (or priority date if a priority is claimed) of the design patent application. When specifying the intended date to resume the substantive examination, a specific date, such as “Resuming the substantive examination on January 1, 2019,” shall be provided. The applicant shall not simply state “Resuming the substantive examination one year after the filing date” or “Postponing the substantive examination for 5 months” etc. As the end of the deferred examination period approaches, the patent application for design will be scheduled for examination based on the same year’s application sequence and examined accordingly.
Furthermore, a request for the deferred examination program shall neither affect the date on which an approval decision for the patent application for design is served nor the publication date of the design patent. A request for the deferred examination program may be withdrawn by the applicant. Nevertheless, once the request for deferred examination has been withdrawn, a further deferred examination shall not be requested shall not be submitted. After the applicant requests the deferred examination program, the date of resuming the substantive examination may be changed. However, the changed date shall not be later than one (1) year after the filing date (or priority date) of the design patent application either.
Starting from July 1, 2018, the Taiwan Intellectual Property Office (TIPO) began accepting requests for the deferred examination program for design patent applications. The purpose of such program is to allow for more flexibility during prosecution while taking into account applicants’ patent filing strategies, patent deployment and patent commercialization timelines.
The deferred examination program is applicable to Taiwanese design patent applications. However, such program shall not apply to:
(1) a patent application for which an examination report has been issued or a decision has been rendered, or
(2) a request for division for the design patent application has been filed.
A request for the deferred examination program shall be made on the filing date of the patent application or during the prosecution of the patent application. Further, a request for the deferred examination program shall be made within one (1) year after the filing date of the patent application or the priority date, where a priority is claimed.
A request for the deferred examination program shall be filed in writing with the TIPO by the applicant. Simultaneously with said request, a statement with respect to the following items shall be provided:
(1) the application number of the design patent application;
(2) the name of the applicant and the name of the representatives (if the applicant has designated a representative to handle patent-related matters on his/her behalf).
(3) the date on which the applicant intents to resume the substantive examination.
Regarding the required fees, please note that no official fee is required for the deferred examination program.
The substantive examination of the design patent application shall resume the completed examination procedure of the application. The intended date to resume the substantive examination specified by the applicant shall be no later than one (1) year after the filing date (or priority date if a priority is claimed) of the design patent application. When specifying the intended date to resume the substantive examination, a specific date, such as “Resuming the substantive examination on January 1, 2019,” shall be provided. The applicant shall not simply state “Resuming the substantive examination one year after the filing date” or “Postponing the substantive examination for 5 months” etc. As the end of the deferred examination period approaches, the patent application for design will be scheduled for examination based on the same year’s application sequence and examined accordingly.
Furthermore, a request for the deferred examination program shall neither affect the date on which an approval decision for the patent application for design is served nor the publication date of the design patent. A request for the deferred examination program may be withdrawn by the applicant. Nevertheless, once the request for deferred examination has been withdrawn, a further deferred examination shall not be requested shall not be submitted. After the applicant requests the deferred examination program, the date of resuming the substantive examination may be changed. However, the changed date shall not be later than one (1) year after the filing date (or priority date) of the design patent application either.
