|
The Accelerated Examination Program (AEP) is a program launched by the Taiwan Intellectual Property Office (TIPO) to expedite the examination process of invention applications, allowing applicants to request a quicker examination process and obtain patent rights in a shorter period of time. To request an Accelerated Examination Program, any one of the following conditions must be met:
- The corresponding application has been approved by a foreign patent authority under substantive examination
The applicant should provide all of the Office Actions (OAs) and, if any, search reports issued prior to the approval of the foreign counterpart of the patent application. The required documents include a copy of the AEP request form, a copy of the approved patent claims issued by a foreign patent authority (with Chinese translation), or a copy of the notice of allowance and to-be-published patent claims issued by a foreign patent authority (with Chinese translation), all of the OAs and, if any, search reports issued by a foreign patent authority, and a copy of non-patent literature indicating the foreign counterpart’s failure to comply with the novelty or inventive step requirements.
- The EPO, JPO or USPTO has issued an OA during substantive examination but has yet to approve the application’s foreign counterpart
The applicant should provide at least the first Office Action (issued by the EPO, JPO, or USPTO) and the EPO’s European search report, or the PCT-designated International Search Report (ISR) from the EPO, JPO, or USPTO. The required documents include a copy of the AEP request form, a copy of patent claims based upon the OA issued by the EPO, JPO, or USPTO (with Chinese translation), a copy of the OA and search report issued by the EPO, JPO, or USPTO, all of the OAs and, if any, search report issued by a foreign patent authority, and a copy of non-patent literature containing citations indicating the foreign counterpart’s failure to comply with the novelty and/or inventive step requirements.
- The invention application is essential to commercial exploitation
The applicant whose invention has been put into practical use (e.g., commercial exploitation) may request AEP to ascertain its patentability at the earliest. The applicant requesting AEP under Condition 3 should provide a copy of the AEP request form, proofs of evidence indicating the invention’s commercial exploitation (e.g., licensing agreements, marketing brochures, and commercial catalogs), and make a payment of NT$4,000 (per request). The examination results will be issued within six months after all relevant documents have been received, although the actual examination pendency may vary depending on the technical field(s) of the case.
- Inventions related to green technologies
The applicant whose invention involves green technologies may request AEP to ascertain its patentability at the earliest. The applicant requesting AEP under Condition 4 should provide a copy of the AEP request form, a written explanation indicating the connection between the invention and green technologies, and make a payment of NT$4,000 (per request). The applicant's invention must relate directly to green technology areas recognized in Taiwan, such as technologies for improving energy conservation and developing new sources of energy, renewable energy vehicles, or technologies for carbon reduction and resource saving. The examination results will be issued within six months after all relevant documents have been received, although the actual examination pendency may vary depending on the green technology field(s) of the case.
In summary, the AEP program is a valuable option for applicants seeking to expedite the examination of their patent applications in Taiwan. By meeting the required conditions and paying the applicable fees, applicants can receive examination results in a shorter time frame.
If you require more information on the AEP program or have any questions regarding the patent application process in Taiwan, please feel free to contact us. Our team is always available to assist you and provide guidance on the most suitable approach for your application.
|
