Newsletter
Introduction to the pilot Accelerated Design Patent Examination
The Intellectual Property Office (IPO) of Taiwan has introduced their "Accelerated Design Patent Examination Pilot Program" (hereinafter referred to as the Program) to provide a more diverse and flexible examination process for design patent applications. Under this Program, design applicants who meet any of the following conditions can apply for Accelerated Design Patent Examination from filing of design application until receipt of a first office action.
1. Third-party commercial exploitation
Applicants shall provide supporting documents (such as product catalogs, newspapers, magazines, etc.) indicating that a third party has commercially exploited the design, and third party details, including exploitative actions and start time.
2. Designs receiving known domestic or international design awards.
Applicants shall provide supporting documents including a certificate bearing the applicant’s name and appearance of the subject design. Design awards applicable within this condition include the following.
Golden Pin Design Award (Taiwan)
iF Design Award (Germany)
Red Dot Design Award (Germany)
Good Design Award (Japan)
International Design Excellence Award, IDEA (USA)
3. Design patent applications from startup companies.
Startups eligible for the Program are those registered and established for less than eight years under the Company Act of Taiwan or other jurisdictions. The calculation of the establishment period starts from the date of formal company establishment and/or incorporation until filing date of the design patent application, and should be less than eight years. For design applications which claim priority, calculation shall be based on the earliest priority date.
If the applicant is a non-Taiwan company, verification of establishment date and Chinese translation thereof (if necessary) shall be provided, with an affidavit further required if such verification is not an original document. If the applicant is a domestic company established under the laws of Taiwan, no verification is required Under the Program, a startup company can only apply for Accelerated Design Patent Examination for up to three cases in the same year.
No government fee will be charged for this Program, and applicants will receive the examination result within 2 months of submitting the application. Trial period of the Program is from September 1, 2023, to December 31, 2024. The IPO will determine whether to continue implementation or modify the Program after the trial period. If you have any questions, please feel free to contact our office at any time.