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Amendments to the Positive Patent Examination Pilot Program for Startups

2024/01/19 Taiwan

TIPO implemented the Positive Patent Examination Pilot Program for Startups in 2022. According to statistics from the past two years of project implementation (up until November 30, 2023), a total of 25 startups applied for the program in 2023, which marks a 3.1-fold increase compared to 2022. Approval rate surged to 100% in 2023, compared with 84.6% in 2022.

The average processing times for applications in 2022 and 2023 (from the application date to the notification date of the examination results) were 70.1 and 71.6 days, respectively. This represents a significant reduction in processing times compared to ordinary invention patent applications, an indication that program support plays a pivotal role in enhancing efficiency of patent applications for startup companies.

TIPO recognizes that many startups derive patent applications from the research outcomes transferred from other persons, and that the eligibility requirements of the current program hinder patent acquisition for such startups. Therefore, TIPO has decided to renew the program from January 1, 2024 with relaxed requirements for eligibility. Previously, applicants must establish a startup before the initial patent application in order to qualify. Now, startups may qualify as an applicant under the new revisions as long as it holds the right to apply for the invention patent. TIPO aims to expedite the patent application process for more startup companies through these revisions.

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Amendments to the Positive Patent Examination Pilot Program for Startups (Mandarin)

Intellectual Property Office Ministry of Economic Affairs, R.O.C.

 

 

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