The Taiwan Intellectual Property Office (TIPO) amended Article 86 of the Enforcement Rules of the Patent Act on 7 March 2016 to extend the period of postponement of the publication of a patent from three months to six months. The amended article took effect on 9 March 2016.
Due to TIPO efforts to accelerate examination of pending patent applications, the average time for conclusion of an invention patent application is less than 25 months, while that of a utility model patent application is around 4 months To consider industrial strategy and global patent deployment, patent applicants may have a need to postpone the publication of a patent. However, from a public perspective, the postponement of patent publication would delay awareness of the technical contents of the patent and thus may result in repetitive research and investment. Moreover, there is a dispute over whether the patent applicant can enforce a patent during the period of postponement of publication.
After consideration of the above-mentioned factors, the TIPO adopts a compromise proposal to extend the period of postponement of the publication of a patent to six months by amending Article 86 of the Enforcement Rules of the Patent Act. As a result, patent applicants have more time to consider patent deployment based on their industrial strategy.