Reexamination Accelerated Examination Sharply Shortens Pendency
The Intellectual Property Office, Ministry of Economic Affairs announced on 11月10日 the results of the Accelerated Examination Program for Reexamination (AEPRe) and the deferred substantive examination measures for invention and design patents, highlighting a dual-engine strategy of acceleration and deferral to provide industry with flexible deployment tools. The TIPO has piloted the AEPRe program for invention patents since 113年9月1日, encouraging applicants to make precise amendments based on preliminary examination results to improve examination efficiency, achieving a win-win for applicants and the TIPO. According to statistics, during the 25-month period from 113年9月1日 to 115年9月30日, a total of 87 AEPRe applications were received, and among the 84 cases in which a first office action has been issued, the average examination period was only 23.8 days, compared with an average of 10.4個月 for general reexamination cases, marking a major efficiency improvement. As many as 97% of the cases were successfully approved, with enterprises in pharmaceutical and chemical (41%) and electronics, electrical and information technology (30%) fields utilizing the program most actively, demonstrating its value in helping high-tech industries seize first-mover advantages and defend against infringement.
Deferred Substantive Examination Extended Up to Five Years
In response to industry demand for a buffer period for early-stage R&D and market observation, the TIPO revised and issued the operating guidelines for deferred substantive examination of invention and design patent applications, formally implemented on 115年1月1日. Under the new system, the maximum period for deferred substantive examination of invention patent applications has been substantially extended from the original 3年 to 5年, while design patents have been extended from 1年 to 2年. The new system has delivered notable results, with deferred examination filings for invention patents climbing to 443件 in 115年 as of September, and the average deferral period extending to 4.27年, showing strong demand from invention patent applicants for deferred examination, and that the extension to 5年 meets enterprises' strategic needs for synchronized multinational patent deployment.
Major Filers Concentrated in Semiconductors and Imaging Communications
Leading indicator enterprises filing for deferred examination include domestic and foreign technology giants such as U.S.-based Intel, MediaTek, U.S.-based Ford, Dutch-based ASML and Taya Semiconductor, with technologies concentrated in core strategic industries such as imaging communications (H04) and semiconductors (H10). Deferred examination filings for design patents also reached 153件, with the average deferral period rising to 1.33年, indicating that the 2-year deferral allowance already provides sufficient flexibility for most design patent applicants requiring market observation and R&D buffers and meets practical needs.
Dual Engines Balance First-Mover Advantage and R&D Buffer
The TIPO stated that, as a supporter of the national innovation engine, it will continue to optimize examination mechanisms. Applicants can quickly obtain patent rights through the AEPRe program, or gain more time to assess market conditions and investment opportunities amid market uncertainty through deferred substantive examination. In the future, the TIPO will continue to refine regulations and digital services, working with industry to build a more competitive and friendly patent ecosystem that balances market preemption and R&D buffering, creating a friendly and innovative win-win outcome.