In 2023, 6,538 reexamination applications for invention patent applications were filed with the Taiwan Intellectual Property Office. The average period for issuing a first reexamination office action was 10.1 months, while the average examination period for each reexamination application was 13.1 months. To further improve reexamination efficiency and reduce costs by relying on examination results, the Accelerated Examination Program for Reexamination (AEPRe) was implemented on September 1, 2024. Under the AEPRe, applicants can receive a reexamination office action or an approval decision within six months after filing a request for accelerated examination program.
The eligibility requirements for the AEPRe are as follows:
(1) Some of the claims are rejected based on an examination decision of rejection.
(2) Applicants should request the AEPRe after a notification of entering into reexamination is served and before a reexamination office action is issued.
(3) Amendments should be made in accordance with the provisions of Article 49 of the Patent Act, and all amendments must comply with the following:
(Summarized and translated from the News published on the TIPO’s website)
The eligibility requirements for the AEPRe are as follows:
(1) Some of the claims are rejected based on an examination decision of rejection.
(2) Applicants should request the AEPRe after a notification of entering into reexamination is served and before a reexamination office action is issued.
(3) Amendments should be made in accordance with the provisions of Article 49 of the Patent Act, and all amendments must comply with the following:
1. the rejected claims are deleted.
2. the unrejected claims are rewritten as independent claims.
The aforementioned amendments include newly-added dependent claims and adjustments to the number, order, and dependency relationships of the claims.2. the unrejected claims are rewritten as independent claims.
(Summarized and translated from the News published on the TIPO’s website)