12.22.2025
TIPO Announces Amendments to the "Operational Directions for Deferral of Substantive Examination of Invention and Design Patent Applications," Effective January 1, 2026
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Following the 2024 amendment to the “Operational Directions for Requesting Deferred Substantive Examination for Invention and Design Patent Applications,” which came into effect on January 1, 2025 and extended the eligibility for requesting deferral to re-examination and divisional applications, TIPO has further amended the Directions in response to public suggestions.
The latest revision extends the permissible period for requesting deferred substantive examination, thus allowing applicants greater flexibility in strategic patent portfolio planning and commercialization preparation. The amended Directions were announced on December 16, 2025 and will take effect on January 1, 2026.
Key points of the amendments are as follows:
(Summarized and translated from the News published on the TIPO’s website: https://www.tipo.gov.tw/tw/tipo1/799-68715.html)
The latest revision extends the permissible period for requesting deferred substantive examination, thus allowing applicants greater flexibility in strategic patent portfolio planning and commercialization preparation. The amended Directions were announced on December 16, 2025 and will take effect on January 1, 2026.
Key points of the amendments are as follows:
- Invention Patent Applications:
Only one request for deferral of substantive examination shall be allowed per application. The permissible period for requesting deferral or continuation of substantive examination has been extended from three years to five years from the filing date. (Amended Points 2 and 4)
- Design Patent Applications:
Only one request for deferral of substantive examination shall be allowed per application. The permissible period for requesting deferral or continuation of substantive examination has been extended from one year to two years from the filing date. (Amended Points 3 and 4)
- Grounds for Non-Acceptance or Termination:
Where deferral of substantive examination is deemed to significantly impact public interest or third-party rights, the request may be denied. For accepted requests, the deferral of substantive examination may be terminated. (Amended Point 7)
(Summarized and translated from the News published on the TIPO’s website: https://www.tipo.gov.tw/tw/tipo1/799-68715.html)
