TIME LIMITS FOR EXAMINING AND PROCESSING TAIWAN PATENT APPLICATIONS

The Taiwan Intellectual Property Office (TIPO) announced on January 10, 2008 that effective immediately, the time-limits for TIPO to examine and process patent applications are prescribed and published as shown in the following table.

Time-Limits for Processing Patent Applications
No.ItemsAverage Time Limits for Issuance of First Office ActionProcessing Periods
1Primary Examination of Invention Patent Application:
1-1 Nuclear Engineering15 months18 months
1-2 Daily Necessities, Civil Engineering and Building18 months24 months
1-3 General Mechanical Engineering, Transporting, Shaping21 months24 months
1-4 Communication21 months24 months
1-5 Measuring, Optics and Storage18 months27 months
1-6 Organic and Inorganic Chemistry, Metallurgy, Metal Surface Treatment, Electroplating21 months27 months
1-7 Textiles and Flexible Materials not otherwise provided for, Papermaking and Paper Product Treatment21 months27 months
1-8 Information21 months27 months
1-9 Semiconductors21 months27 months
1-10 Electric Power, Basic Electronic/Electric Elements21 months27 months
1-11 E-commerce21 months27 months
1-12 Photoelectric and Liquid Crystal21 months30 months
1-13 Biotechnology, Medicines, Agrichemical, Foods28 months36 months
2Preferential Examination on an Invention Patent Application10 months
3Re-examination of Electrical and Chemical Engineering Cases32 months36 months
4Re-examination of Mechanical Engineering and Daily Necessities Cases8 months12 months
5Compulsory Licensing of Invention Patent Right24 months
6Annulment of Compulsory Licensing of Invention Patent Right18 months
7Decision on Compensation for Compulsory Licensing of Invention Patent Right6 months
8Application for Extension of Term for Invention Patent Rights12 months
9Utility Model Patent Application4 months6 months
10Technical Evaluation Report for Utility Model Patent12 months
11Technical Evaluation Report for Utility Model Patent6 months
(When the Utility Model Patent Is Commercially Practiced by a Third Party)
12Primary Examination of Design Application (including Associated Design  Application)10 months12 months
13Re-examination of Design Application (including Associated Design Application)6 months10 months
14Invalidation Case15 months
15Preferential Examination on an Invalidation Case6 months
16Post-grant Amendment for Specification, Claims, Drawings6 months
17Recordation of Change in Patent Right (including Assignment, Licensing, Pledging, Trust, etc.)20 days
18Recordation of Alteration of Issued Patent Particulars20 days
19Issuance of English Certificate20 days
20Issuance of Patent Attorney Certificate(Urgent Case)1 day
21Issuance of Patent Attorney Certificate(General Case)20 days
22Issuance of Priority Document(Urgent Case)1 day
23Issuance of Priority Document(General Case)20 days

Remark: The processing time-limits commence from the day upon receipt of the documents submitted by the applicants, but excluding the periods of notifying the applicants to file the amendments, corrections, responses and arguments or other periods which are deemed as justified to defer the examinations.