TIPO Announces Key Revisions to Deferred Substantive Examination Guidelines (Effective January 1, 2026)
Date: 18 December 2025
【Volume 163】
The Taiwan Intellectual Property Office (TIPO) has officially announced a series of pivotal updates to its “Operational Guidelines for Deferred Substantive Examination of Invention and Design Patent Applications.” These revisions, scheduled to take effect on January 1, 2026 1, aim to provide applicants with greater strategic flexibility while simultaneously safeguarding the integrity of the examination process against potential procedural abuse.
The amendment focuses on two primary goals: extending the deferral window to align with global industry cycles and empowering TIPO to intervene when deferred examinations conflict with the public interest.
Extension of Deferral Deadlines for Strategic Flexibility
Recognizing the evolving needs of technology lifecycles and business strategies, TIPO has significantly extended the time limits for requesting a delay in substantive examination:
• Invention Patent Applications: The maximum deferral period (or the deadline to request a resumption of examination) has been extended from the current three years to five years from the filing date.
• Design Patent Applications: The deferral window has been doubled, moving from the current one year to two years.
For both application types, applicants are permitted to file a request for deferred substantive examination only once per case.
Safeguarding Public and Third-Party Interests
A critical addition to the Guidelines (Point 7) provides TIPO with the authority to exercise discretionary oversight over deferral requests. Under the new provisions, the patent authority may refuse a request if it determines that the delay could result in a significant adverse impact on the public interest or the rights of third parties.
Furthermore, even if a request has already been granted, TIPO maintains the right to unilaterally terminate the deferral and resume the examination process if such adverse impacts are identified. This measure is intended to prevent the "warehousing" of patent applications to create legal uncertainty in the market.
At a Glance: Comparison of the New Guidelines
|
Feature |
Invention Patents |
Design Patents |
|
Current Deferral Limit
|
3 Years |
1 Year |
|
New Limit (Effective 2026)
|
5 Years |
2 Years |
|
Request Frequency |
Only once | Only once |
|
TIPO Discretion |
Can refuse/terminate based on public interest |
Can refuse/terminate based on public interest |
Wisdom Analysis and Suggested Strategies
The five-year window for invention patents will be particularly beneficial for sectors with long R&D cycles, such as biotechnology and semiconductors, allowing companies more time to assess the commercial viability of their claims before committing to the full examination process. However, the new "Public Interest" clause signals that TIPO will be watching closely for any tactical maneuvers that unfairly hinder competitors.
As the January 1, 2026, effective date approaches, we advise applicants to review their Taiwan filing strategies to ensure compliance with the one-time request limitation while taking advantage of the expanded timelines.
