The Regulations for the Delay of Substantive Examination of Invention and Design Patents (the "Regulations") have been amended, with the new version taking effect on December 16, 2025. The primary highlight of these amendments is the extension of the delay period for both invention and design patent examinations. These adjustments provide applicants with more flexibility for patent strategy formulation and commercialization management while installing safeguards to prevent system abuse. The amendment summary is visually illustrated as Figure 1.

  A. Extension of Delay Period

  Previously, the delay period for substantive examination was limited to three years for invention patents and one year for design patents, both calculated from the filing date. The amendments extend these periods to five years for invention patents (Article 2) and two years for design patents (Article 4). When filing a request, the applicant must specify a specific date within these maximum timeframes to resume examination.

  B. Limitation of Number of Delay Requests

  However, under the new regulations, applicants are allowed to request a delay for the substantive examination only once. (Articles 2 and 4) This new limitation aims to streamline the examination process and reduce the administrative burden associated with multiple requests.

  C. Eligibility and Restrictions

  In contrast to the delay period extension and the one-time limitation of request number, the eligibility criteria remain unchanged. Namely, a delay request can be filed during both the examination and the re-examination phases, provided that the first Office Action has not yet been issued.

  However, a delay request will not be permitted in one of the following scenarios:

  1. The substantive examination was initiated by a third part;

  2. The application has already undergone prioritized examination, the Accelerated Examination Program (AEP), or the Patent Prosecution Highway (PPH); and

  3. The application has already been pending for more than five years (Invention) or two years (Design) from the filing date.

  D. Laid-open (Early Publication)

  Despite the substantive examination is delayed, the schedule of laid-open remains unaffected, which is 18 months from the filing or the earliest priority date. This ensures that the purpose of a patent - public disclosure of technical information - is not disrupted.

  E. Public Interests Considerations

  A new provision has been added to empower the TIPO to reject a request or terminate a delay if it is deemed to undermine public or third party interests. (Article 7)