Patent Prosecution Highway Between USPTO and KIPO (Permanent)
The Patent Prosecution Highway in Conjunction With the Korean Intellectual Property Office
Under the Patent Prosecution Highway, an applicant receiving a ruling from either the Korean Intellectual Property Office (KIPO) or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. The Patent Prosecution Highway leverages fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.
As of May 25, 2010, the USPTO has eliminated the fee for the petition to make special under the PPH programs.
Full implementation of the Patent Prosecution Highway program between the USPTO and the KIPO started on 29 January 2009.
On January 29, 2013, the USPTO implemented PPH 2.0 with respect to the KIPO. PPH 2.0 simplifies the PPH requirements and procedures in a consolidated and user-friendly framework, while at the same time ensuring that work sharing benefits to the USPTO are not diminished. It is important to note that PPH 2.0 has only been implemented at the USPTO at this time, i.e., unilaterally.
The trial period for the USPTO's PPH 2.0 program with respect to the KIPO will terminate on January 28, 2014. The revised requirements will apply to PPH requests filed at the USPTO on or after January 29, 2013, based on claims that have been determined allowable in a corresponding application filed in the KIPO. The trial period may be extended if necessary to adequately assess the feasibility of the PPH 2.0 program. The USPTO and the KIPO will evaluate the results of the PPH 2.0 program to determine whether and how the program should be implemented after the trial period. The offices may also terminate the PPH 2.0 program early if the volume of participation exceeds a manageable level or for any other reason. Notice will be published if the PPH 2.0 program with respect to the KIPO will be terminated before January 28, 2014.