Taiwan introduced pilot program for expedited design patent examination
The Taiwan Intellectual Property Office (TIPO) has launched the Accelerated Design Patent Examination Pilot Program to offer a more varied and adaptable design patent evaluation process. This program allows design applicants who meet the conditions outlined in this article to request an expedited examination of their design patent applications, from the initial filing to receiving the first office action.
Conditions for expedited examination include:
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Third-party commercial exploitation: Applicants relying on this condition must provide supporting documents such as product catalogs, newspapers, magazines, etc., demonstrating that a third party has commercially utilized the design. They should also provide details about the third party’s actions and when they began exploiting the design.
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Designs receiving recognized domestic or international design awards: Applicants relying on this condition should submit supporting documents, including a certificate showing the design’s appearance and bearing the applicant’s name. Eligible design awards include the
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Golden Pin Design Award (Taiwan)
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iF Design Award (Germany)
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Red Dot Design Award (Germany)
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Good Design Award (Japan), and;
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International Design Excellence Award (IDEA, USA)
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Design patent applications from start-up companies: Start-ups eligible for the program are those registered and established for fewer than eight years under the Company Act of Taiwan or other applicable jurisdictions. The calculation of the establishment period begins from the date of formal company registration or incorporation up to the filing date of the design patent application, with a maximum of eight years. For design applications with priority claims, the calculation is based on the earliest priority date.
Non-Taiwan companies should provide verification of their establishment date, and if necessary, a Chinese translation of the verification. An affidavit is required if the verification is not an original document. Domestic companies established under Taiwan’s laws do not need verification under the program. A start-up company can apply for expedited design patent examination for up to three cases in the same year.
During the trial period of the program, there are no government fees, and applicants will receive the examination results within two months of application submission. The trial period of the program is in effect from September 1, 2023, to December 31, 2024. The TIPO will assess whether to continue or modify the program after the trial period.
*** Other Articles***
– You could visit here to see Procedure of Taiwan Trademark Registration.
– You could visit here to check the required documents for filing trademark in Taiwan.
– You could check trademark fee in Taiwan here.
– You could also read 04 Often Questions About Filing Trademark In Taiwan here.
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