An applicant of invention patent application may request for the postponement of substantive examination within three years from the filing date of the invention patent application as long as such request doesn’t meet any of the following conditions:
(1) the invention patent application has received an official action or decision;
(2) the invention patent application has applied for a divisional application;
(3) the substantive examination was requested by a third party rather than the applicant;
(4) the invention patent application has applied for expediting the examination based on AEP or PPH.
Suitable time for requesting for the postponement of substantive examination:
(1) simultaneously while requesting for substantive examination;
(2) after the request of substantive examination but within three years from the filing date of the invention patent application no matter whether the application claims priority or not.
Official fee for requesting for the postponement of substantive examination: NIL
Furthermore, the applicant has to indicate the specific date when the examiner should continue the substantive examination in the application form. Such date should be within three years from the filing date of the invention patent application.
As soon as the date indicated comes, the application will be arranged into the sequence of applications filed in the same year for examination in order.
Effects:
(1) The request for the postponement of substantive examination won’t influence the laid-open date.
(2) The applicant may withdraw the request for the postponement of substantive examination. Once the request is withdrawn, the applicant is not allowed to request the postponement of substantive examination again.
After the applicant requests for the postponement of substantive examination, he/she is allowed to change the date indicated for the examiner to continue the substantive examination but the date he/she would like to change should be within three years from the filing date of the invention patent application.
Delivered by: Sandy WANG (Ms.) / Senior Partner
JAW-HWA1JAW-HWA INTERNATIONAL PATENT &
TRADEMARK & LAW OFFICES
10-1A Fl., No. 23, Sec. 1, Chang-An E. Rd.,
Taipei, Taiwan, R.O.C.
Tel.: +886 2 2531-0876 Ext. 172
Fax: +886 2 2581-2761
www.jaw-hwa.com.tw
wt.moc.awh-wajnull@awhwaj
