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Learn about the measures taken by the Intellectual Property Office in Chinese Taipei to address patent backlog issues. The project aims to improve examination efficiency, employ alternative military draftees for prior art search, fill examiner positions, hire contracted examiners, and establish a peripheral organization for search reports. Expected results include a significant reduction in pending applications and shorter examination periods.
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Patent Backlog Cleanup Project and Expected Results Intellectual Property Office (TIPO) Chinese Taipei
Ⅰ. Background (2/3) Number of Applications Year Fig.1 Number of pending applications, requests for substantive examination and applications concluded at TIPO.
Ⅰ. Background (3/3) Examination concluded Office action issued Months Year Fig.2 Pending period for examination concluded and first office action issued.
A. Measures to improve examination efficiency (1/4) 1.Increasing number of concluded case per year • Examination capacity has reached 89 cases/person/year in2009 • 105 cases by 2010 and 110 cases by 2011
A. Measures to improve examination efficiency (2/4) 2. Refunding withdrawn application • Adopting refund mechanisms used in the US and Japan • 2,159, 3,207 and 2,681 withdrawals in 2009, 2010 and 2011, respectively • Estimating 2,500 withdrawals in 2012
A. Measures to improve examination efficiency (3/4) 3. Using foreign patent search and examination results • Accelerated Examination Program (AEP) began on January 1, 2009 • On September 1, 2011, PPH pilot program was launched between TIPO and the USPTO
A. Measures to improve examination efficiency (4/4) 4. Combined interview for a group of related applications • On June 13, 2011, combined interview was begun • Combined interview should be based on a group of applications with related technical field and filed by the same applicant • Face-to-face combined interview for a group of applications will improve examination efficiency
B. Employing alternative military draftees to assist with prior art search (1/2) • TIPO was assigned 97 and 70 alternative military draftees with R&D background from the Ministry of Interior in 2010 and 2012, respectively • TIPO will request for 50 R&D draftees in 2013 • These R&D draftees are only responsible for patent search; technical comparison and examination notices are still written by examiners
B. Employing alternative military draftees to assist with prior art search (2/2) Month Fig.3 Number of search reports completed by R&D draftees in 2011.
C. Filling 39 examiner positions • TIPO has amended its organization rules, by reducing 39 clerks to make room for 39 examiners • They will report to duty on January 1, 2013
D. Hiring 170 contracted examiners on 5-year term • TIPO has amended its organization rules to hire 170 fixed-term examiners • Their term of service is from April 2012 to March 2017 • Expecting to conclude 65,900 cases when their 5-year term of service ends
E. Peripheral organization to conduct search report • Reference to IPCC and KIPI, set up peripheral organization mainly to assist with prior art search Measure Type of organization • The Patent Search Center will be set up on April 1, 2012
Ⅲ. Expected Results (1/3) Number of Applications Year Fig.4 Number of pending applications, requests for substantive examination and applications concluded at TIPO. (The numbers for 2012-2016 are estimates.)
Ⅲ. Expected Results (3/3) • Expecting concluded cases to exceed incoming cases starting from 2012 • By 2016, pending applications would drop to 78,344 cases • Pending period for examination concluded would be reduced to 24 months
D. Summary • This backlog cleanup project receives tremendous support from various sectors • Filling 39 positions and hiring 170 contracted examiners are the keys to effective reduction of backlogs • TIPO will improve overall examination environment to cleanup patent backlog for better IP protection
Thank you for your patience wei20208@tipo.gov.tw