In order to increase the diversity and flexibility of the examination of design patent applications, the Intellectual Property Office of the Ministry of Economic Affairs of Taiwan, China (TIPO) has formulated the “Pilot Program of Accelerated Design Patent Examination”. The trial period of the original plan was from September 1, 2023 to December 31, 2024. After evaluation, the Taiwan authorities have decided to continue to pilot the program until December 31, 2026, and will re-evaluate whether to continue to implement or modify the program according to the trial situation.
l Specifics
(1) The timeline of application
The submission should be made between the notification for substantive examination and prior to receiving the first office action.
(2) Application method
The pilot program is applicable only to electronic applications with relevant supporting documents. During the trial period of the program, the application fee will be waived.
(3) Eligibility for application and required supporting documents
Cause 1: Third-party commercial exploitation
If the applicant applies for accelerated examination according to Cause 1, it shall attach relevant supporting documents (such as photographs, product catalogs, and public press or maga-zine features of the claimed design already in production). Applicants should also provide details regarding the third party's information, implementation behavior, and the starting period.
Cause 2: Receipt of prestigious international or national design awards.
If the applicant applies for accelerated examination according to Cause 2, award certificates matching the applicant's name and documents validating the appearance of the corresponding award-winning design shall be attached. Screenshots from the official website of the organizing body may also be provided, featuring information about the awardee, the award-winning design, and hyperlinks. Above-mentioned awards include:
(1) Golden Pin Design Award (Taiwan)
(2) iF Design Award (Germany)
(3) Red Dot Design Award (Germany)
(4) Good Design Award (Japan)
(5) International Design Excellence Awards, IDEA (U.S.)
Cause 3: Applications from startups
If the applicant applies for accelerated examination according to Cause 3, each startup is entitled to a maximum of 3 applications per year.
The startup companies to which this program applies are those registered under domestic or international laws that have been established for less than 8 years. The calculation of the period of establishment of the company shall be less than eight years from the date of establishment of the company to the date of application for the design patent. For applicants claiming priority rights, the duration of the company's establishment is calculated to the earliest priority date.
For foreign companies, documents certifying the date of establishment, along with a Chinese translation should be submitted. if the documents are not originals, an affidavit should be provided.
Information source: https://www.tipo.gov.tw/tw/cp-85-987846-f861b-1.html
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