Implementation of PPH Mottainai between IMPI and KIPO
The Mexican Institute of Industrial Property (IMPI) and the Korean Intellectual Property Office (KIPO) have jointly announced that both offices have changed the requirements for the participation in the Patent Prosecution Highway (PPH) Pilot Program.
On March 23, 2012, IMPI and KIPO signed an agreement to start a PPH Pilot Program on July 1, 2012 with a duration of two years. Since both offices wish to continue their successful PPH Pilot Program without interruption, on July 1, 2014 they have signed an agreement extending and amending the Program that will last until June 30, 2017.
The amendment of the PPH Pilot Program is based on the “Mottainai Model” (Mottainai is a Japanese term conveying a sense of regret concerning waste), which eliminates the Office of First Filing (OFF) to Office of Second Filing (OSF) directional requirement of the PPH model. This flexible approach will enable the examination results of IMPI or KIPO to be used as the basis for a PPH request irrespective of which one was the office of first filing.
Therefore, when the Office of Earlier Examination (OEE) has assessed the patentability of a patent application, the applicant could benefit from an accelerated examination of the corresponding application by the Office of Later Examination (OLE), provided that the claims of both applications have enough correspondence and that the search and examination results of the OEE are made available to the OLE.
The guidelines of the PPH IMPI-KIPO Pilot Program are available on the websites of each patent office.