On December 16, 2025, the Taiwan IP Office (TIPO) announced amendments to the deferred examination system applicable to invention and design patent applications. The amended rules will come into force on January 1, 2026.
The amendments bring greater flexibility to applicants’ prosecution strategies. The key points and changes are summarized below.
1. No Official Fee
The rule remains unchanged in that no official fee is payable for filing a deferred examination request.
2. Relaxation of the Timing for Requesting Deferred Examination
- Invention applications: the request may now be filed on or after the filing of a substantive examination request and within five years from the filing date, extended from the previous three-year limit.
- Design applications: the request may be filed within two years from the filing date, extended from the previous one-year limit.
3. Extension of the Deferral Period
Applicants must designate an end date for the deferral period, i.e., the date on which examination is to resume (the “resumption date”).
- Invention applications: the resumption date may be any time within five years from the filing date.
- Design applications: the resumption date may be any time within two years from the filing date.
A deferred examination request may be withdrawn, and the applicant is allowed to change a designated resumption date.
[Limitations on Deferred Examination Requests]
Despite the increased flexibility, certain limitations remain:
1. Only one deferred examination request may be filed in one patent application.
2. Examination Opinion Bar
- Invention applications: the request must be filed before receipt of the first substantive examination opinion. If no request is filed during the preliminary examination phase, it must be filed before receipt of the first examination opinion in the re-examination phase.
- Design applications: the request must be filed before receipt of the first formalities or substantive examination opinion. If not filed during the preliminary examination phase, it must be filed before receipt of the first examination opinion in the re-examination phase.
3. Incompatibility with PPH or AEP Requests
If a PPH or AEP request has already been filed, a request for deferred examination will not be accepted.
4. Once a deferred examination request is withdrawn, no further request will be accepted in the same application.
Following implementation of the amended system, we will continue to monitor and report on TIPO’s examination practices as they develop in actual cases.