To provide more diverse and flexible examination options for design patent applications, Taiwan Intellectual Property Office (TIPO) launched the "Accelerated Examination Pilot Program for Design Patents" on September 1, 2023. Initially set to run until December 31, 2024, the program has now been extended through December 31, 2026. A further evaluation will determine whether to continue or modify the program.

The details of the program are as follows:

1. Application Timing: Applicants may file for accelerated examination for design patents after receiving TIPO's notification that the preliminary examination is about to begin and before receiving the first Office Action.

2. Application Process: Applicants must file electronically in accordance with TIPO's regulations and provide relevant supporting documents. During the trial period, no application fee will be charged for this program.

3. Eligibility Criteria:

(1) Criterion I: Third-Party Commercial Exploitation

Applicants must submit documentation proving third-party commercial exploitation (e.g., product catalogs, newspaper, or magazine articles) and specify the third party's details, the nature of the exploitation, and its starting date.

(2) Criterion II: Recognition by Prestigious Design Awards

Applicants must provide certificates and evidence of the awarded design corresponding to the applicant's name. Eligible awards include:

? Taiwan's Golden Pin Design Award

? Germany's iF Design Award

? Germany's Red Dot Design Award

? Japan's Good Design Award

? The United States' International Design Excellence Awards (IDEA)

(3) Criterion III: Design Patent Applications by Startups

Each startup is limited to three applications per year under this program. Eligible startups must be companies established for less than eight years under the Company Act or equivalent foreign laws. The establishment period is calculated from the company's registration date to the design patent application date. If priority is claimed, the calculation is based on the earliest priority date.

For foreign companies, proof of the establishment date must be provided along with a Chinese translation. If the document is not an original, a declaration must be submitted.

(Source: UNITALEN ATTORNEYS AT LAW)