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Ministry of Economic Affairs,R.O.C.

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2022-01-28 09:25
Intellectual Property Office, Ministry of Economic Affairs

TIPO Introduces Green Patent Revisions to Accelerated Examination Program on January 1, 2022

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TIPO Introduces Green Patent Revisions to Accelerated Examination Program on January 1, 2022
TIPO's revisions for green patents to the Accelerate Examination Program (AEP) took effect on January 1, 2022. These revisions were made in an effort to promote research, development and commercialization of green patents in Taiwan. On January 1, 2014, TIPO added Inventions Related to Green Energy Technologies (Condition 4) to the AEP. As of July of 2021, 255 AEP requests have been filed for green technology patents, accounting for 2.74% of all AEP requests. Taiwan applicants filed a majority - up to 88% - of all green patent AEP requests, and the top three fields of technology are solar energy, LED lighting and lithium-ion battery technologies.

Important revisions to the AEP include:

1. Revision of Terminology: The term "green energy technologies" was amended to read "green technologies" in order to clarify that eligible patent application is not limited to green energy related inventions only.

2. Expanding the Scope of Eligibility: The scope of technology eligible for AEP request is expanded to include green technologies such as energy-saving, carbon emission reduction, and resource-saving technologies.

3. Accelerated Examination: For requests on the grounds of "essential to commercial exploitation" and "inventions related to green technologies," examination results will be issued within 6 months (down from 9 months previously) after filing all necessary documents. This expedited process, compared to normal patents, will help applicants facilitate development of their patent portfolios.

As the whole world is working towards reaching net zero emissions by 2050, optimizing the acceleration program for the green patents has been listed as a key performance indicator of Climate Change & Human Rights in the National Human Rights Plan of Action that Taiwan is drafting.

In addition to keeping up with international trends, the acceleration of examination for green patent applications will hopefully encourage investment and R&D within the field of green technology - facilitating environmentally sustainable development and economic growth.