What is Accelerated Examination Program (AEP)? how to apply?
For shorten the waiting time for examination of an invention patent application, the TIPO accepts the applicant to apply for an accelerated examination of an invention patent, if one of the following four reasons is met:
Condition 1: If the corresponding application has been approved by a foreign patent authority under substantive examination, the TIPO will issue a notification of the results of the examination within six months.
The so-called “corresponding foreign application” (or foreign counterpart) is one belonging to the same patent family as the TIPO application and whose priority may or may not have been claimed in Taiwan. Such affinity is determined upon whether the claims of the patent application have been disclosed in the specification or drawings of its foreign counterpart.
The applicant requesting AEP under Condition 1 should provide all of the OAs and, if any, search reports issued prior to the approval of the foreign counterpart of the patent application.
Condition 2: The EPO, JPO or USPTO has issued an OA during substantive examination but has yet to approve the application’s foreign counterpart
The pendency for TIPO’s issuing examination results for AEP requested under Condition 2 may vary depending on the following.
If there is no difference between the Taiwan patent application and its foreign counterpart, the TIPO will issue a notification of the examination results within 6 months after the relevant documents are received; if there are differences between the Taiwan patent application and its foreign counterpart, the aforementioned 6 months will be extended to 9 months.
The applicant requesting AEP should provide at least the first OA (issued by the EPO, JPO, or USPTO) and the EPO’s European search report, or the PCT-designated International Search Report (ISR) from the EPO, JPO, or USPTO.
Condition 3: The invention application is essential to commercial exploitation
The TIPO will issue a notification of the results of the examination within 9 months.
Condition 4: Inventions related to green technologies
The TIPO will issue a notification of the results of the examination within 9 months.