The Taiwan Intellectual Property Office (TIPO) recently updated the time schedule for processing various patent matters on May 19, 2020. The standard processing time for invention, utility model and design patent applications are listed as follows.
Invention Patent Application in Primary Examination Stage
| No. | Technical Field | Average time for first office action | Processing Time |
|---|---|---|---|
| 1 | Human Necessities | 15 months | 20 months |
| 2 | Civil and Building Construction | 16 months | 22 months |
| 3 | Mechanical Engineering | 16 months | 22 months |
| 4 | Transporting, Molding | 16 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 | 16 months | 22 months |
| 9 | Medical Engineering | 16 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. | Technical Field | Average time for first office action | Processing Time |
|---|---|---|---|
| 1 | Electrical Engineering | 18 months | 24 months |
| 2 | Mechanics, Human Necessities | 14 months | 18 months |
| 3 | Chemical Engineering | 18 months | 24 months |
| 4 | Biotechnology, Medicines | 22 months | 28 months |
Utility Model and Design Patent Application
| No. | Technical Field | Average time for first office action | Processing Time |
|---|---|---|---|
| 1 | Electrical Engineering | 18 months | 24 months |
| 2 | Mechanics, Human Necessities | 14 months | 18 months |
| 3 | Chemical Engineering | 18 months | 24 months |
| 4 | Biotechnology, Medicines | 22 months | 28 months |
The above processing times do not include the time period for notification of outstanding documents or filing responses. In Taiwan, substantive examination will be conducted for invention and design applications, while utility model applications undergo a formality examination only. A request for substantive examination must be filed at the time of filing an invention application or within three years from its filing date. TIPO will automatically carry out substantive examination for a design application upon formality requirements are met.
Per TIPO’s practice in recent years, the examination of a patent application was processed in a shorter period of time than the standard time schedule, and about 70% of patent applications were allowed in the primary examination stage. Notably, 75.4% of the invention applications and 86.4% of the design applications were allowed in 2019 during primary examination, and their average processing times are as follows:
| Average time for first office action | Processing Time | |
|---|---|---|
| Utility Model Patent Application | 4 months | 5 months |
| Design Patent Application in Primary Examination Stage | 6 months | 10 months |
| Design Patent Application in Re- Examination Stage | 6 months | 12 months |
