TIPO Announces Directions for Deferral of Substantive Examination of Invention and Design Patent App

To provide patent applicants with more comprehensive and flexible options for utilizing invention and design patents, thereby supporting enterprises in patent portfolio management and commercialization, TIPO will implement the Directions for Deferral of Substantive Examination of Invention and Design Patent Applications starting January 1, 2025.

Key revisions include:

 Consolidation of the current Guidelines for Deferral of Substantive Examination of Invention Patent Applications (as announced on March 23, 2015) and the Guidelines for Deferral of Substantive Examination of Design Patent Applications (as announced on June 28, 2018, and later revised on September 1, 2023) into a single set of Directions.

Expansion of eligibility, allowing applicants to defer substantive examination for re-examination applications, provided the notification of examination results (first office action) has not yet been served.

Inclusion of divisional applications, which will now also be eligible for deferred substantive examination.

Addition of a restriction stipulating that applications under accelerated examination are not eligible for deferral of substantive examination.

Resource: TIPO