Yes. An applicant having filed a patent application for invention or utility model in the ROC can claim priority of the earlier application (domestic priority) in a subsequent patent application for invention or utility model if the original invention or utility model has been further improved. This should be done no later than 12 months after the filing date of the earlier patent application, and the applicant should specify the filing date and the application number of the earlier patent application. The earlier patent application will be deemed to have been withdrawn upon an expiry of 15 months after its filing date.

When an invention patent application is filed at TIPO, the invention is initially kept secret. However, the invention will be published after 18 months from the filing date or the earliest priority date, even if the examination is not yet concluded. The applicant may request it to be published earlier. The applicant may also withdraw the application within 15 months after the filing date or the earliest priority date so that details of the invention will not become available to the public.

An invention patent application will not be examined unless a “Request for Substantive Examination” has been received by TIPO. If a “Request for Substantive Examination” is not submitted within three years following the filing date of the invention patent application, the invention patent application is deemed to have been withdrawn.

No, a request for substantive examination cannot be withdrawn. However you may apply for a deferment after a request for substantive examination is filed.

Use a standard form for deferment of the substantive examination. With the request, you have to specify a date to begin the substantive examination, and the date should not be later than three years from the application date.

In addition, a deferment of the substantive examination shall not be granted where an office action or decision to grant has already been issued, where a divisional application has been filed or where a request for substantive examination has been filed by a third party. Also, a deferment cannot be requested for applications where an accelerated examination has been filed via the “Accelerated Examination Program” or “Patent Prosecution Highway.”

When TIPO sends you a notification of reasons for refusal, you are given an opportunity to respond to it. The deadline to respond is 2 months for applicants residing in the ROC and 3 months for applicants residing in other countries after the date on which the notification is served. You should respond by submitting a written argument or a written amendment, depending on the situation.

Before the specified time period ends, the applicant may request an extension. The time period of the extension is also 2 months for applicants residing in the ROC and 3 months for applicants residing in foreign countries.

If you don’t respond before the deadline, TIPO will render a refusal decision.

An invention patent applicant dissatisfied with a decision of refusal may provide reason(s) to request a reexamination within 2 months after the date on which the decision of refusal is served.

TIPO adopts formality examination instead of substantive examination for a utility model patent application. After the application is accepted, TIPO will automatically conduct the formality examination.

Because patentability is not substantively examined for a utility model patent application, there is considerable instability and uncertainty regarding the application’s validity. If a patentee inappropriately exercises such uncertain right, the patent rights may possibly be abused, which may hinder a third person’s research and development. Therefore, a Technical Evaluation Report may be requested to clarify if the said utility model patent complies with the patentability. It should be noted that the Technical Evaluation Report is simply a reference for exercising the rights to utility model patent or for technical reference. Those who believe a utility model patent should not be approved may institute an invalidation action to revoke the said patent.

A substantive examination of a design patent application is necessary for determining whether a patent can be granted for the design. Once a design patent application is accepted, TIPO will automatically conduct the substantive examination.