The Vietnam Office of Intellectual property (NOIP) and Korea Intellectual Property Office (KIPO) has implemented the Patent Prosecution Highway Pilot Program (PPH) the two-year program starts 1st June 2019 to 31st May 2021 in Vietnam and this was aimed to deal with heavy backlog of Patent examination and increasing demand of Korean applications.
During the implementation of PHH, the NOIP will receive one hundred PHH requests per year for patent applications, these were originally filed to the KIPO and met the conditions set out in the Guidelines for filing PHH requests to the NOIP. Under this program, applicants can request to accelerate the examination from six to nine months, instead of the period of eighteen months previously.
According to the Guidelines, the conditions are set out as below:
- At least one corresponding application exists in KIPO and has one or more claims that are determined to be patentable by KIPO;
- All claims on file, as originally filed or as amended, for examination under the PPH must sufficiently correspond to one or more of those claims indicated as allowable in KIPO;
- NOIP has not begun examination of the application at the time of request for the PHH.
The KIPO will also receive one hundred PHH requests per year for patent applications that were originally filed to the NOIP before the date of filing to KIPO - all conditions set out in the Guidelines for filing PHH requests to the KIPO must be met.