In view of the excellent results of the implementation of the PPH MOTTAINAI pilot between Taiwan and Korea, both sides have agreed that the TIPO-KIPO permanent PPH MOTTAINAI program comes into effect on July 1, 2020. The permanent program will continue to provide applicants with fast and convenient PPH MOTTAINAI services.
The Patent Prosecution Highway (PPH) MOTTAINAI program enables an application, whose claims have been determined to be allowable/patentable in the Office of Earlier Examination(OEE), to undergo an accelerated examination under the PPH in the Office of Later Examination(OLE), with a simple procedure according to a request from an applicant.
Requirements for requesting accelerated examination under the PPH Program at TIPO:
- Both the TW application on which PPH is requested and the KIPO application(s) forming the basis of the PPH request shall have the same earliest date
- At least one corresponding KR application has one or more of those claims that have been determined to be allowable/patentable by the KIPO
- All claims on file, as originally filed or as amended, for accelerated examination under the PPH must sufficiently correspond to one or more claims indicated as allowable in KIPO
- The applicant has been notified that a substantive examination will begin shortly; and TIPO has not issued a first examination report on the application
First the applicant files a form requesting accelerated examination under the PPH program with TIPO, including relevant supporting documents. If the requirements are met, TIPO will conduct the accelerated examination. If the application does not qualify for participation in the PPH program, the applicant will be notified accordingly and given opportunity to correct the request. If not corrected, the applicant will be notified and the application will await action in its regular turn.
Please note that only invention patent applications can be filed for PPH applications. Utility Model patent applications and design patent applications cannot apply for PPH program.