Taiwan has adopted substantive examination system for invention patent application. A request for substantive examination can be filed at the same time when filing an invention patent application or within 3 years from the filing date of said invention patent application. In order that the applicant may have ample time to establish his patent strategy or to make better plan for filing patent and commercializing the product, Taiwan Intellectual Property Office (TIPO) recently launched a new scheme starting from April 1, 2015 for the applicant to file a deferment request for the substantive examination on an invention patent application after a normal request of substantive examination has been filed.
It is to be noted that, however, the above request to defer the substantive examination is not applicable to the following invention patent application:
- An official action or a decision by TIPO has been issued;
- A divisional application has been filed;
- A request for expedited examination (AEP) or PPH filing request has been filed; and
- A request for substantive examination by a third party has been filed.
To file the above deferment request of substantive examination, the applicant shall submit a written application expressly stating the specific date for continuing the substantive examination by TIPO, and said date should be within the afore said 3-year period from the filing date of an invention patent application. If the applicant has already filed such deferment request, he may make a further request to withdraw said deferment request or to change its specific date (within the afore-said 3 year period) for continuing the substantive examination by TIPO.
It is not necessary to pay official fee when filing the above deferment request for substantive examination on an invention patent application. Yet it is required to pay official fee when filing a normal request of substantive examination, and if necessary, with excess page fee and excess claim fee.
