TIPO Relaxes Accelerated Examination Program (AEP) Application Requirements for Invention Applications, Effective January 1, 2022

On October 7, 2021, the Intellectual Property Office (IPO) announced changes to the Expedited Examination Program (AEP) for invention applications, effective January 1, 2022.

The pre-modification version of the AEP provided that an inventor could request expedited examination under one of the following four conditions:

1.Condition 1: the corresponding foreign application has been granted by a foreign patent authority after substantive examination;

2.Condition 2: the corresponding foreign application has received an action from the office and a search report issued by the EPO, JPO or USPTO, but the decision has not been taken;

3.Condition 3: The invention request is necessary for commercial exploitation; and

4.Condition 4: The invention relates to green energy technologies.

Before the amendment, the ASP clarified the scope of “green energy technologies” in condition 4 on the basis of the field of alternative energy technologies defined by the World Intellectual Property Organization (WIPO) and industries of green energy included in the “National Energy Program”, which is promoted by the Executive Yuan of Taiwan. In the amendments, the IPO changes the wording “green energy technologies “in Condition 4 to”green technologies “and deletes the relevant descriptions regarding the WIPO Definitions Basis and the National Energy Program of the Executive Yuan. Inventory (https://gpss1.tipo.gov.tw/), it can be observed that the scope of “green technologies” is wider than that of “green energy technologies”, including waste management, technological improvements in agriculture / forestry, etc.

In addition, to allow applicants who apply for the AEP to receive exam results more quickly, the changes also shorten the examination period under the existing AEP for condition 3 or condition 4 by shortening the examination period. time limit for issuing an examination result from “9 months” to “6 months. “

Please refer to the Intellectual Property Office (https://www.tipo.gov.tw/tw/cp-85-897074-74354-1.html) for more details on the AEP modifications. Applicants can organize their patent portfolios at their discretion after careful consideration.

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