Exciting Updates in Taiwan's Design Patent System

CHANG TSI
Insights

January02
2025

Taiwan Intellectual Property Office(TIPO) just announced two significant developments in Taiwan's design patent landscape, aimed at simplifying and expediting the application process. These initiatives reflect TIPO's ongoing commitment to making the design patent application process more accessible and efficient.

We anticipate a significant increase in design patent applications next year. If your client has any patent application needs, feel free to contact us. Our highly professional patent team is ready to provide you with comprehensive and timely services at very competitive prices.

Launch of the Online Design Patent Application System

TIPO has officially launched the new online design patent application system this month. This user-friendly platform allows applicants to submit their design patents directly through a web browser, eliminating the need for standalone software installations. Key features include:

1. Cross-Device Compatibility: Access and manage your applications seamlessly across different devices.

2. Comprehensive Application Functions: This year, the system supports new applications for design patents and derivative design patents, as well as other application functionalities such as reexamination, amendments, corrections, certificate issuance, annual fee payment, general petitions, withdrawals, extensions, and assignments.

3. Enhanced User Assistance: The system offers several new tools to facilitate the application process, including the "My Drafts" feature, which saves ongoing applications for 30 days, and the "My Cases" feature, which allows users to quickly reference and import data from applications submitted within the last 7 days.

Extension of the Design Patent Accelerated Examination Pilot Program

In response to positive feedback, TIPO has extended the trial period for the Design Patent Accelerated Examination Pilot Program until the end of next year. This initiative aims to expedite the examination process, offering a potential "fast pass" similar to the trademark system. Key details include:

1. Application Timing: Applicants can request accelerated examination after receiving a preliminary examination notice and before the first examination opinion is issued.

2. Application Method: Requests must be submitted electronically along with relevant supporting documents. During the trial period, no application fee is required. (this is different from the trademark application system).

3. Eligible Reasons for Acceleration: (1) Third-Party Commercial Implementation: Applicants must provide evidence of third-party commercial use, such as product catalogs or media coverage, detailing the third party's information and the nature and start date of the implementation. (2) Award-Winning Designs: Applicants must submit certificates and corresponding proof of design awards from recognized competitions, including: Taiwan's Golden Pin Design Award, Germany's iF Design Award, Germany's Red Dot Design Award, Japan's Good Design Award, USA's International Design Excellence Awards (IDEA).

4. Start-Up Companies: Eligible for companies established within the last eight years under Taiwanese or foreign law, with a limit of three applications per company per year. Foreign companies must provide.

Miffy Yen
Counsel | Trademark Agent
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