The Taiwan Intellectual Property Office has recently updated the standard time schedule for handling various applications of patent matters. For the past decade, TIPO adopted several measures to improve the efficiency of patent examinations and gained excellent results in reducing the backlog of patent applications. Especially for invention patent applications in 2017, the average time for issuing an examination opinion and final disposal was decreased to 9 months and 16 months, respectively. The standard processing time by TIPO for invention, utility model and design patent applications are listed below.
Invention Patent Application in Primary Examination Stage
| No. | Classification | Average time for issuing examination opinion | Disposal time period |
|---|---|---|---|
| 1 | Human Necessities | 15 months | 20 months |
| 2 | Civil and Building Construction | 18 months | 22 months |
| 3 | Mechanical Engineering | 18 months | 22 months |
| 4 | Transporting, Molding | 18 months | 22 months |
| 5 | Communication | 18 months | 24 months |
| 6 | Measuring, Lighting and Storage | 12 months | 20 months |
| 7 | Organic, Inorganic Chemistry, Metallurgy, Metal Surface Treatment, Plating | 12 months | 20 months |
| 8 | Textiles and Flexible Materials, Paper Making and Articles thereof | 18 months | 22 months |
| 9 | Medical Engineering | 18 months | 22 months |
| 10 | Data and Information | 15 months | 22 months |
| 11 | Semiconductor | 12 months | 20 months |
| 12 | Electric Power, Basic Electronics and Electrical Elements | 12 months | 20 months |
| 13 | E-Commerce, Financial Technology | 18 months | 24 months |
| 14 | Photonics and Liquid Crystal Display | 12 months | 18 months |
| 15 | Biotechnology, Medicines, Agricultural Pharmaceuticals, Food Industry | 18 months | 24 months |
Invention Patent Application in Re-Examination Stage
| No. | Classification | Average time for issuing examination opinion | Disposal time period |
|---|---|---|---|
| 1 | Electrical Engineering | 18 months | 24 months |
| 2 | Mechanics, Human Necessities | 8 months | 12 months |
| 3 | Chemical Engineering | 18 months | 24 months |
| 4 | Biotechnology, Medicines | 22 months | 28 months |
Utility Model and Design Patent Application
| Average time for issuing examination opinion | Disposal time period | |
|---|---|---|
| Utility Model Patent Application | 4 months | 5 months |
| Design Patent Application in Primary Examination Stage | 6 months | 8 months |
| Design Patent Application in Re- Examination Stage | 6 months | 10 months |
In Taiwan, substantive examination will be carried out for both invention and design applications, while utility model application will undergo a formality examination. Notably, a request for substantive examination must be filed at the time when filing an invention application or within three years from its filing date, otherwise the application will be deemed withdrawn. However, such request for substantive examination is not required for a design application, because TIPO will automatically conduct substantive examination after checking its formality requirements. Although Taiwan has a shorter patent examination period than those of other countries, if the applicant wishes to obtain patent protection more quickly, the applicant may utilize a fast-track examination such as AEP (Accelerated Examination Program) or PPH (Patent Prosecution Highway Program) for an invention application that has met AEP or PPH filing requirements.
