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| Patent Prosecution Highway Pilot Program between the USPTO and the KIPO |
1. Outline of the Patent Prosecution Highway Pilot Program
The purpose of the Patent Prosecution Highway (PPH) Pilot Program between the United States
Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO) is for an
applicant to facilitate acquisition of a patent at an early stage and to enhance the utilization of
search and examination results between the USPTO and the KIPO for same application filed with
the USPTO and the KIPO.
When an applicant receives an examination result from the USPTO that the claims are determined
to be allowable or patentable, the applicant files a request for Preferential Examination under the
PPH Pilot Program to the KIPO.
When an applicant receives an examination result from the KIPO that the claims are determined to
be allowable or patentable, the applicant files a request for Accelerated Examination under the
PPH Pilot Program to the USPTO.
2. Trial Period of the PPH Pilot Program
The PPH Pilot Program will commence from January 28, 2008 to January 28, 2009 as a trial period.
The USPTO and the KIPO will evaluate the results of the pilot program to determine whether and
how the PPH Pilot Program should be implemented after the trial period.
3. Case applied for the PPH Pilot Program
The PPH Pilot Program shall be applied to all applications pending with the USPTO and the KIPO on and after January 28, 2008.
4. Required documents for filing a Request of the PPH Pilot Program
A) Request for the Accelerated Examination to the USPTO
An applicant must submit the following documents for requesting the accelerated examination
to the USPTO.
(1) English translation of all claims determined to be allowable or patentable by the KIPO
(2) English translation of all office actions of KIPO(Non-final rejection and final rejection)
(3) Copies of references cited by the KIPO examiner
(4) A table list including explanation of corresponding claims between the KIPO claims and
the USPTO claims.
B) Request for the Preferential Examination to the KIPO
An applicant must submit the following documents for requesting the preferential examination
to the KIPO.
(1) Copies of all claims determined to be allowable or patentable by the USPTO
(2) Copies of all office actions of the USPTO
(Notice of allowability, non-final rejection and final rejection)
(3) Copies of references cited by the USPTO examiner
(4) A table list including explanation of the corresponding claims between the USPTO claims
and the KIPO claims.
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