The State Intellectual Property Office (SIPO) of China recently signed an agreement with Korean Intellectual Property Office (KIPO) to launch a Patent Prosecution Highway (PPH) pilot program on 1 March 2012. The program will last for a duration of one year and expire on 28 February 2013.
Under the PPH programs, an accelerated examination can be requested where the following circumstances are met: at least one claim is decided to be patentable by office of first filing (hereinafter OFF); the claims in the first filing match those in the second filing; the work result of OFF are available to the office of second filing (OSF). Then the applicant of first filing can apply for accelerated examination in the OSF on the basis of work results of OFF.
This PPH pilot program with KIPO, along with a similar arrangement with Japan Patent Office and United States Patent and Trademark Office, , represent China ’s efforts to implement the national intellectual property strategy, and in particular, to help both Chinese innovative enterprises and foreign companies secure their patent rights in a shorter time frame.