Revisions to the Directions for Deferral of Substantive Examination of Invention and Design Patent Applications Take Effect January 1, 2026
In 2024, TIPO revised the “Directions for Deferral of Substantive Examination of Invention and Design Patent Applications,” allowing re-examination and divisional applications for invention and design patents to also be eligible for deferral of substantive examination. To further address stakeholder feedback, TIPO again amended the Directions in 2025, extending the maximum deferral periods. This initiative aims to support applicants in patent portfolio development and commercialization by providing greater flexibility.
Key revisions include:
1. Stipulating that applicants for invention patents may apply for deferral only once, and extending the maximum period for deferring substantive examination and specifying a date for its continuation from three years to five years. (Points 2 and 4 of the Directions)
2. Stipulating that applicants for design patents may apply for deferral only once, and extending the maximum period for deferring substantive examination and specifying a date for its continuation from one year to two years. (Points 3 and 4 of the Directions).
3. Stipulating the grounds under which the patent authority may dismiss an application for deferral or terminate the deferral process. (Point 7 of the Directions)
- Publish Date：115-02-09
- Update： 115-02-09
- Organization：International & Legal Affairs Office
- Views：49
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