- To provide a more flexible examination procedure for design patent applications, the Taiwan Intellectual Property Office (TIPO) has established the pilot Accelerated Examination Program (AEP), hereinafter referred to as “the pilot program,” in response to requests for accelerating substantial examination of design patent applications.
- The AEP for design patent applications was piloted from September 1, 2023 to December 31, 2024. After further evaluation by the TIPO, the pilot program will continue until December 31, 2026. The TIPO will re-evaluate whether to continue or modify the pilot program based on their assessment.
- The content of the program
(1) Time for request
After the TIPO notifies the applicant that the design application will soon be undergoing substantive examination and before the applicant receives the first Official Letter.
(2) How to file the request
The pilot program is applicable only to electronic applications in accordance with the TIPO’s regulations, and the required documents should be enclosed when submitting the request. During the pilot period, no official fee is required.
(3) Conditions for requesting AEP
Condition 1: Commercial implementation by a third party
Under Condition 1, the applicant should provide evidence relevant to the commercial implementation by a third party, such as product catalogs, newspaper and magazine articles, etc., and should state the information of the third party, implementation behavior and the start of the implementation.
Condition 2: The design of the design patent application has won well-known domestic or foreign design awards
Under Condition 2, the applicant should provide award certificates showing the applicant’s name and the corresponding certification documents of the winning design. The following design awards are accepted under this condition.
♦ Golden Pin Design Award (Taiwan)
♦ iF Design Award (Germany)
♦ Red Dot Design Award (Germany)
♦ Good Design Award (Japan)
♦ International Design Excellence Awards, IDEA (USA)
♦ iF Design Award (Germany)
♦ Red Dot Design Award (Germany)
♦ Good Design Award (Japan)
♦ International Design Excellence Awards, IDEA (USA)
Condition 3: Design patent applications for startups
Under Condition 3, each startup company is limited to three applications in the same year.
Startup companies which have been registered and established under the Company Law of Taiwan or under the laws of a foreign country for less than eight years are eligible for the pilot program. A startup company’s incorporation period is calculated from the date of incorporation of the company to the date of filing the design patent application and should be less than eight years. If a priority claim is made, the calculation of the aforementioned period shall be based on the earliest priority date.
If the applicant is a foreign company, the certification document for the date of establishment of the foreign company should be provided along with its Chinese translation. If the certification document is not the original, an affidavit should be provided.
(Summarized and translated from the News published on the TIPO’s website)