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Patent AEP Introduction & 2010 Statistics
 

Leo Andrew Chou/IP Consultant

2011.07.15

After one year trial in 2009, Patent Accelerated Examination Program (AEP) in Taiwan was officially launched in January 2010. Undoubtedly, AEP is a good choice for foreign applicants that are not familiar with Taiwan Patent Law.

AEP in Taiwan is only applied to Invention patents. The applicant is allowed to apply for AEP when notified by Taiwan Intellectual Property Office (TIPO) that the examination or re-examination of the Invention patent application will begin shortly. Another requirement for Taiwan AEP is one of the following three conditions must be fulfilled:

● Condition I
The application’s foreign counterpart has been granted under substantive examination by a foreign patent authority.

● Condition II
EPO, JPO or USPTO has issued an OA (Office Action) during substantive examination but yet to allow application’s foreign counterpart.

● Condition III
The invention application is essential to commercial exploitation.
**For more information, please review:  TIPO Accelerated Examination Program .
**Promulgated and effected on Jul 1st, 2011, Amendments to AEP mainly includes:
(1) changes of official fees; and
(2) a new requirement that the application has to be published when applying for AEP.
For more details, please check:  AEP with Amendments Highlighted .

This year TIPO released AEP statistics for 2010. Tables and charts are prepared in the following. Foreign applicants are advised to review the following charts for reference of applying AEP in the future.

● Percentages between Local & Foreign AEP Applicants

● Conditions applied by Local and Foreign AEP Applicants

● Countries of Foreign AEP Applicants

● Average Examination Time for AEP Applications in Conditions I/II/III

● Foreign Counterparts cited in AEP Applications

●    Percentages between Local & Foreign AEP Applicants

*Resource: TIPO, Jan-Dec 2010

●    Conditions applied by Local and Foreign AEP Applicants

*Resource: TIPO, Jan-Dec 2010

●    Countries of Foreign AEP Applicants

*Resource: TIPO, Jan-Dec 2010

●    Average Examination Time for AEP Applications in Conditions I/II/III

Condition

Data Period

First Notice After AEP Filed (Day)

I

Jan 2009 – Dec 2010

75.2

II

Jan-Dec 2010

61.5

III

Jan-Dec 2010

107.4

*Resource: TIPO

●    Foreign Counterparts cited in AEP Applications

*Resource: TIPO, Jan-Dec 2010

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Disclaimer: The content is for informational purposes only and not for the purpose of providing legal advice.
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