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Newsletters

Deep & Far Newsletter 2026 ©
Jan (1)

Taiwan IP Updates  ¡V January 2026

By Lyndon 

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Taiwan Confirms Reinstatement Option for USPTO Priority Document Delays

The Taiwan Intellectual Property Office (TIPO) has recently clarified a key procedure highly relevant to patent and trademark applications claiming US priority.  TIPO has confirmed that applicants may seek reinstatement of rights if they fail to submit the required priority documents within the statutory period due to circumstances not attributable to the applicant, such as USPTO delays.  The Legal Basis is as follows:

For Patents: Article 17(2) of the Patent Act and Article 12 of the Enforcement Rules.
For Trademarks: Article 8(2) of the Trademark Act and Article 9 of the Enforcement Rules.

Applicants may submit supporting documents such as an official written notice issued by the USPTO or an email sent from an official USPTO address.  The document must clearly explain the reason for the delay (e.g. staffing shortages etc.) and identify the relevant priority application or order number.  TIPO will examine all requests on a case-by-case basis.

 

Taiwan Passes AI Basic Act

To guide the way forward and protect IP, the Legislative Yuan passed the Artificial Intelligence Basic Act in late December 2025.  The aim is to establish a legal framework for AI governance, and the act has named the National Science and Technology Council as the central competent authority.  The act stipulates that government promotion of AI research and applications must balance social welfare, digital equity, innovation, and national competitiveness.  The government should also provide or recommend evaluation tools or methods developed in consultation with industry, academia, civil society groups, and legal experts.  The law further requires strengthening the legal and regulatory framework governing AI research and applications.

 

Taiwan Announces Amendments to the Deferred Examination System for Invention and Design Patent Applications

The Taiwan Intellectual Property Office (TIPO) announced amendments to the deferred examination system applicable to invention and design patent applications on December 16, 2025.  The new rules came into effect on January 1, 2026.  The highlights are as follows:

  1. No official fee is necessary.
  2. The previous three-year limit for requesting a deferred examination for an invention application has now been extended to five years from the filing date.
  3. The previous one-year limit for requesting a deferred examination for a design application has now been extended to two years from the filing date.
  4. Applicants must designate an end date for the deferral period i.e. the date on which examination is to resume, and it must be within five years of the filing date for invention applications and within two years from the filing date for design applications.
  5. Only one deferred examination request may be filed in one patent application.
  6. For invention applications, the request must be filed before receipt of the first substantive examination opinion.  If no request is filed during the preliminary examination phase, it must be filed before receipt of the first examination opinion in the re-examination phase.
  7. For design applications, the request must be filed before receipt of the first formalities or the substantive examination opinion.  If not filed during the preliminary examination phase, it must be filed before receipt of the first examination opinion in the re-examination phase.
  8. If a PPH or AEP request has already been filed, a request for deferred examination will not be accepted.

 

 
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