In order to promote innovation and development in relation to green technologies and accelerate the process of product commercialization, amendments to the Accelerated Examination Program (AEP) proposed by the Taiwan Intellectual Property Office (TIPO) will enter into force on January 1, 2022.

Based on the current regulations of the AEP in Taiwan, an invention application must meet one of the following conditions to be considered eligible:

Condition 1: A counterpart foreign application of the invention application has been approved by a foreign patent office under substantive examination;
Condition 2: The European Patent Office, the Japan Patent Office or the United States Patent and Trademark Office has issued an Office Action during substantive examination but has yet to approve a counterpart foreign application of the invention application;
Condition 3: An invention in the invention application is essential to commercial exploitation; and
Condition 4: An invention pertinent to the invention application is a green energy technology.

Under the current regulations, an examination report (for example, a notification of examination opinions, a final notice or a written decision of examination) of an invention application under Condition 1 or Condition 2 (only if there is no difference between the pending claims of the invention application and its counterpart foreign application under Condition 2) will be issued within six months after all relevant documents have been received by the TIPO.

Besides, an examination report of the invention application under Condition 2 (only if there are differences between the pending claims of the invention application and its counterpart foreign application), Condition 3 or Condition 4 will be issued within nine months after all relevant documents have been received by the TIPO.

The amendments to the AEP to be effective on January 1, 2022 are summarized below:

1. The term “green energy technologies” in Condition 4 is amended to “green technologies.” Further, the restriction that “green energy technologies refer to the alternative energy technologies as defined by the World Intellectual Property Organization and green energy industries included in the ‘Rising Green Energy Industry Project’ and the ‘National Energy Plan’ of the Executive Yuan in Taiwan” is deleted.

2. The time frame for issuance of an examination report for the invention application under Condition 3 or Condition 4 is amended. According to the amended regulations, the examination report will be issued within six months, formerly nine months, after all relevant documents have been received by the TIPO.

(Translated based on News published on the TIPO’s website) 

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