[Taiwan] Amendments to “Directions for Requesting Deferred Substantive Examination for Invention and Design Patent Applications” Effective from January 1, 2026
Dec 18, 2025
The Taiwan Intellectual Property Office (TIPO) under the Ministry of Economic Affairs recently amended the “Directions for Requesting Deferred Substantive Examination for Invention and Design Patent Applications.” The amendments broaden the duration for which applicants can defer the examination of their invention and design patent applications, while also introducing relevant restrictions on deferred substantive examination. This aims to balance the rights and interests of the applicants with the public interest.
- Invention Patent Applications:
The application for deferred substantive examination is expressly limited to one time only; the duration for which applicants may request deferred substantive examination or request the resumption of examination is extended from the current three years from the filing date to five years from the filing date.
- Design Patent Applications:
The application for deferred substantive examination is expressly limited to one time only; the duration for which applicants may request deferred substantive examination or request the resumption of examination is extended from the current one year from the filing date to two years from the filing date.
- To prevent applicants from abusing the deferred substantive examination system and to consider the public interest, the Directions explicitly stipulate the basis upon which the TIPO may decline to accept a request for deferred substantive examination or terminate the deferred substantive examination procedure.
Sources:
The Executive Yuan Gazette Online
Bulletin of Taiwan Intellectual Property Office