The “Positive Patent Examination Pilot Program for Startups” for Taiwan invention patent applications was implemented from 2021 to 2024. Recently the Taiwan Intellectual Property Office decided to renew the program and extend the program for another one year. The newly revised program has expanded the eligibility of applicant to benefit more innovative companies, and effective as of January 1, 2025.
For filing a request of positive patent examination, the Applicant is not restricted to be a start-up company, and could be one of the following three types:
| Type | Eligible Applicant | Necessary Documents | Remarks |
|---|---|---|---|
| 1 | A company that has been established under Taiwan Company Act or organized by foreign law for less than eight years (counting from the date of establishment to the filing date of this request) | A foreign company must submit a proof document showing the date of establishment of company. | A domestic company is not required to submit a proof document as TIPO can check the company information at the government’s website. |
| 2 | A company that has won national innovation awards within two years | Proof of award | The national awards (given by Taiwan) refer to the following: NEXT BIG Award, New Enterprise Award, National Industrial Innovation Award, and National Invention & Creation Award |
| 3 | A company appointed to TIPO for counseling and guidance under the technology development plan by the government | A search report by Taiwan Patent Search Center, which must fully correspond to the scope of the claims of patent application | To ease TIPO to conduct the search for comparison of each claim within the scope of the patent application, the search report should contain all claims with the relevant paragraphs of cited references, and their related codes. |
| Note: For a company of Type 1 or Type 2, a maximum of 5 applications per this program can be filed each year, and TIPO has set a monthly quota to examine 6 applications filed by Type 1 and Type 2 companies, respectively. As to the requests from Type 3 companies, TIPO has not limited the number of applications to be filed or examined. | |||
This program is applicable to an invention patent application, regardless of the category of industry, of which a patent agent/attorney was appointed by the Applicant. Also, the patent application must have filed for substantive examination and received TIPO’s notification to conduct the substantive examination, and an official action has not yet been issued.
The Applicant should file the request through TIPO e-filing system (E-SET), and no official fee is required (when the fees for invention patent application and substantive examination are paid).
For a patent application under this positive examination program, TIPO may take the initiative to conduct a positive interview if the invention has not met the requirements for novelty and/or inventive step. During the interview, the Examiner will inform the Applicant about the reasons that the invention is not patentable and provide suggestions on how to amend the patent application. In case the Applicant could not comply with the TIPO to arrange the interview, the patent application will proceed to the standard examination procedure. For applications of formality defects or minor errors, TIPO shall conduct telephone communication, rather than a positive interview. If the invention has met the patent requirements, TIPO may also issue a Notice of Acceptance directly, without going through the interview stage. The average processing time is four months for TIPO to issue an examination result on a patent application utilizing this program. Therefore, the innovative companies can make good use of this program to recognize the possibility of obtaining a patent as soon as possible, thereby enhancing the competitiveness in the market.s required) can be filed when the issuance fee is paid within three months after the service of a Notice of Allowance. This could prevent the design patented in Taiwan from being immediately made public.
