Amended accelerated examination program for green patents takes effect as of January 1, 2022
E220103Y1 | Jan. 2022（E266）
Taiwan IPO’s amendments to the Accelerated Examination Program (AEP) have come into force since January 1, 2022 for the purpose of stepping up the R&D and commercialization of green patents in Taiwan. As of July 2021, there had been a total of 255 AEP applications filed for green technology patents under the condition, “Inventions Related to Green Energy Technologies” Taiwan IPO introduced to the AEP on January 1, 2014 (hereinafter referred to as “Condition 4”). It is noticeable that the 255 AEP applications filed for green technology patents under Condition 4 accounted for 2.74% of all AEP applications and a majority of them, up to 88%, were filed by domestic applicants. Also, a breakdown by industry indicates that solar energy, LED lighting, and lithium-ion battery industries are the top three ones for which these applications were filed.
Key points of the amendments to the AEP are summarized as follows:
1. Revisions of wording: The term of Condition 4 of the AEP, “green energy technologies” is revised as “green technologies” so as clarify that the eligible patent applications are not limited to only green energy related inventions.
2. Expanded scope of eligibility: The scope of technologies eligible for AEP request is enlarged to cover the green technologies that are able to save energy, reduce carbon emission, and save resources.
3. Accelerated examination: For the AEP applications that are filed under the conditions, “essential to commercial exploitation” and “inventions related to green technologies”, the 9-month pendency for Taiwan IPO’s issuing examination result after the filing of all necessary documents will be shortened to 6 months, which is an expedited and shorter examination pendency compared to the application for general inventions. The expedited examination pendency will facilitate applicants’ development of patent portfolio.
As the world is moving toward net zero emission by 2050 and the “study and plan of accelerated examination program for green patents” is listed as a key performance indicator of the chapter, “Climate Change and Human Rights” in the National Human Rights Plan of Action that Taiwan has been promoting, Taiwan IPO not only keeps pace with the international trend but also encourages innovators of green technologies, by amending the AEP, to stick with their research and development, for the ultimate purpose of creating a win-win situation that environmental sustainability development is fully facilitated and economic force moves up through the innovation of green technologies. (Released 2022.01.03)