To provide more flexible examination methods for design patent applications, the Ministry of Economic Affairs Intellectual Property Office (hereinafter referred to as the 'Office') has formulated the 'Design Patent Accelerated Examination Pilot Program' (hereinafter referred to as the 'Program') to accept applications for accelerated physical examination of design patents.

 

Trial Period

Starting from September 1, 2023, the Office will accept applications for the Program. The trial period will last until December 31, 2024. The Office will assess whether to continue implementing or modifying the Program based on the trial results.
 

Program Details

(a) Application Timing

For design patent applications, the period starts from the time the Office notifies the applicant that preliminary examination is imminent and continues until the first notification of examination opinions is received.

 

(b) Application Method

Applicants for the Program should follow the electronic methods prescribed by the Office and attach relevant supporting documents. During the trial period, no application fees are required for the Program.

 

(c) Application Grounds

 

Ground 1: Third-party Commercial Implementation

Applicants applying for accelerated examination based on Ground 1 should provide supporting documents demonstrating third-party commercial implementation (e.g., product catalogs, newspapers, magazines) and should provide information about the third party, the implementation activities, and their commencement dates.

 

Ground 2: Design Award Recognition

Applicants applying for accelerated examination based on Ground 2 should provide certificates matching their names and corresponding proof of the awarded design appearance. The accepted design awards for this ground are as follows:

(1) Golden Pin Design Award (Taiwan)

(2) iF Design Award (Germany)

(3) Red Dot Design Award (Germany)

(4) Good Design Award (Japan)

(5) International Design Excellence Awards (IDEA, USA)

 

Ground 3: Design Patent Applications from Innovative Startups

Applicants applying for accelerated examination based on Ground 3 are limited to three applications per innovative startup company in the same year. Innovative startup companies eligible for this Program are those registered and established for less than eight years under Taiwan's company law or foreign laws. The calculation of the company's establishment period is from the date of establishment to the date of design patent application, within less than eight years. If claiming priority, the earliest priority date is used for this calculation.

 

For foreign companies, proof of the foreign company's establishment date should be submitted along with a Chinese translation. If the proof is not an original document, an affidavit should be provided.