First pilot program between
Vietnam National Office of Intellectual Property (NOIP) and Japanese Patent
Office (JPO)
NOIP and JPO have jointly undertaken the first Pilot Patent
Prosecution Highway program (“PPH”)
since 01stApr, 2016.
According to this bilateral PPH, the
patent application filed at JPO (previously filed at NOIP) falling into one of
the three following cases:
(i) An application
which validly claims for priority under the Paris Convention on the basis of
NOIP application(s), or
(ii) A PCT national
phase application to Japan without priority claim, or
(iii) An application which
validly claims for priority under the Paris Convention to the PCT
application(s) without priority claim.
And meeting other conditions regulated in Procedures guidance to
file a request to JPO for PPH program between JPO and NOIP (“Procedures”), the applicant shall be
entitled to request JPO to fast prosecute the application on the basis of
providing research and evaluation results of NOIP and other relevant documents
to JPO for references.
For the patent application filed at NOIP (previously
submitted to JPO) falling into one of the three following cases:
(i) An application
which validly claims for priority under the Paris Convention on the basis of
JPO application(s), or
(ii) A PCT nationalphase application to Vietnam without
priority claims and this PCT submitted to JPO as an international application
receiving agency (applications’ number initiating with PCT/JP hereby referred
to as “PCT/JP applications”), or
(iii) An application claims for priority
under the Paris Convention on the basis of PCT/JP application(s) without
priority claims;
And meeting other conditions regulated in the Procedures, the
applicant shall be entitled to request NOIP to fast prosecute the application
on the basis of providing research and evaluation results of JPO and other
relevant documents to NOIP for references. The duration of the PPH program
shall be expired by the date of March 31st,
2019.
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