- Invention patents will be granted for a maximum of five years, and design patents for a maximum of two years -
In order to increase the flexibility of patent application strategies, the Taiwan Intellectual Property Office (TIPO) has revised the "Guidelines for Requesting Postponement of Substantive Examination of Invention and Design Patent Applications," which will come into effect on January 1, 2026.
This amendment significantly eases the deadline for "application for postponement," which intentionally delays the start of substantive examination. Japanese companies can also use this as a strategic grace period to assess the timing of commercialization and the trends of their competitors.
Main changes
- Invention patents (patents): Extension of extension period from 3 years to 5 years from the filing date
The period for requesting a postponement of substantive examination (and continued examination) for invention patent applications has been extended from three years to five years. - Design patent (industrial design): Extension of the extension period from one year to two years from the filing date
For design patents (industrial designs), the period for which a postponement can be filed has been extended from one year to two years. - Limit on the number of applications
It has been clarified that a request for postponement of substantive examination for both invention (patent) and design patent (industrial design) patents may only be made once.