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TW-Support Using the PPH Agreement (TW-SUPA)

TW-Support Using the PPH Agreement (TW-SUPA)
Examination Program

Amended on April 1, 2016

The Intellectual Property Office (TIPO) has launched PPH programs with other patent offices in the world to share information on patent examination results since September 1, 2011. To enhance the efficacy of sharing examination results among patent offices and encourage applicants to take advantage of expedited examination under PPH programs, TIPO has implemented the TW-Support Using the PPH Agreement (TW-SUPA) Examination Program since March 1, 2012.

According to the TW-SUPA program, where TIPO is the OFF (Office of First Filing) of an invention patent application, the applicant may file a request for advanced examination under the TW-SUPA program for the corresponding application later filed at the Office of Second Filing (OSF), which has a PPH or PPH MOTTAINAI agreement with TIPO. The applicant is required to submit necessary documents to TIPO. The TW-SUPA program is expected to help applicants obtain patents in a foreign country at an early stage through PPH/PPH MOTTAINAI programs and benefit international patent examination from search and examination results provided by TIPO.

  1. Requirements for examination under the TW-SUPA program

          There are four requirements for requesting examination under the TW-SUPA program. These are:

  • The application has to be a TW invention application as a basis to claim international priority for a corresponding application filed at a foreign patent office having a PPH or PPH MOTTAINAI agreement with TIPO.
  • The request for examination under the TW-SUPA program should be filed with TIPO within six months of filing the corresponding foreign application.
  • The applicant has been notified that a substantive examination for the application will begin shortly but has yet received the first office action.

          An eligible corresponding foreign application refers to an invention patent application filed at another patent office, which has already had the PPH/PPH MOTTAINAI programs with TIPO.

  1. Documents to be submitted for examination under the TW-SUPA program
  • A request form, which indicates the Taiwan patent application number, as well as the country of the corresponding foreign application, its application number and filing date.
  • A copy of proof of filing of the corresponding foreign application (see attachment). The Proof of filing refers to a proof indicating that the corresponding application has been filed with the foreign patent office and a filing date and application number have been obtained. Also, this corresponding application has claimed the TW application for international priority.
  • The fee for a TW-SUPA request is NT$4,000.
  1. Procedures for examination under the TW-SUPA program
  • If the application satisfies all requirements and all required documents are submitted, a notification of examination results (including responsive examination opinions, final notice or written decision of examination) will be issued within 6 months. However, the actual time for a notification to be issued would depend on the specific technical field of the application.
  • If the application does not qualify for participation in the TW-SUPA program, the applicant will be notified accordingly to perfect the request. If not perfected, the application will await action in its regular turn.

 

Please see the attachment for copies of proof of filing of the corresponding foreign application.

 

Attachment(s) for download

  • Publish Date : 2016-03-31
  • Update : 2020-03-26
  • Organization : International Legal Affairs Office
  • Visitors : 1446

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