萬國法律事務所

In order to offer a more time-efficient examination procedure, Taiwan’s Intellectual Property Office (TIPO) has signed the Patent Prosecution Highway (PPH) Agreement with United States. The PPH takes effect on 1 September 2011, for a trial period of one year.

Under the PPH, an applicant receiving a ruling from TIPO or the U.S. Patent and Trademark Office (USPTO) that at least one claim in an application is patentable may request that the other office fast track the examination of the corresponding claims in corresponding applications. The PPH will leverage fast-track patent examination procedures already available in both offices to allow applicants in both economies to obtain corresponding patents faster and more efficiently.

In Taiwan, the applicants might be kept waiting in line for three (3) years, while the application review usually takes around one (1) year in the US. The PPH will allow TIPO to review applications from US patent holders more expeditiously.

In 2009, TIPO introduced the Accelerated Examination Program (AEP), which allows applicants to request TIPO for an accelerated examination procedure as long as they provide the necessary documents. However, the PPH is both stricter and more efficient than AEP. Applications utilizing PPH procedures are expected to take less than 80 days, compared to approximately 82 days for applications using the AEP procedure. According to TIPO, PPH will primarily benefit Taiwan’s high-tech manufacturers including semiconductors and information-communications technology manufacturers.