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02 December 2021
Personal interviews with examiners are frequently performed at the request of applicants or patent attorneys under Taiwan's present patent process. In general, a candidate must literally indicate his desire for an interview in a response when it is intended.
But in order to keep up with the rapid advancement of technology, the IP office has prepared to implement a new interview technique called the "IP Office-industry collaboration interview" into the present patent system, in which the examiner can begin an interview ex officio.
Taken into effect last November 1, 2021, fhe following factors contributed to the introduction of this new approach:
To the need for examiners to explore and study cutting-edge technologies such as stem cell regenerative medicine, quantum dot solar cells, artificial intelligence, big data, and 5G more quickly and correctly with the help of the applicant; and For patent applicants to get patents for novel technology as quickly as feasible.
According to Fiona C.C. Yin, head of patent division and senior patent attorney and partner at Saint Island International Patent and Law Offices in Taiwan, the approach is significant and helpful to applicants filing applications for edge-cutting technologies, especially considering that new technology is developed at a pace more rapid than ever before.
“Therefore, when an Examiner is assigned to examine an edge-cutting technology, he might not necessarily be very familiar with the new technology,” she says. “As a consequence, the prosecution of the case may drag on with official letters and responses moving back and forth; and a patent may be obtained with a broader scope and in the long run may face invalidation actions filed by others.”
On the other hand, she adds, with the help of the applicant making a full explanation and discussion of the relevant techniques vis-à-vis the Examiner, the application may be searched and examined more rapidly and accurately as well, and the patent right thus obtained may be more stable.
“In general, the examination results are available within six months from the date of interview,” she says.
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