U. S. and South Korea to Pilot Patent Prosecution Highway


The Korean Intellectual Property Office (KIPO) announced that on January 28, 2008 the KIPO and the U.S. Patent and Trademark Office (USPTO) will launch a new trial cooperation initiative called the Patent Prosecution Highway. The Patent Prosecution Highway will provide fast-track patent examination procedures to allow applicants in both countries to obtain corresponding patents faster and more efficiently. By permitting each office to benefit from work previously done by the other office, it will reduce examination workload and improving patent quality.

Under the Patent Prosecution Highway, an applicant receiving a ruling from either the KIPO or the USPTO that an application is patentable may request that the other office fast track the examination in corresponding applications. Currently, it takes the KIPO approximately 10 months after the filing date of patent application to issue a first office action on the application. When the application is allowed, the applicant can request that the Patent Prosecution Highway be used, allowing the applicant to obtain allowance in the U.S. at least 13 months faster than other U.S. patent applications that were filed using the normal procedure.

The purpose of the trial program is to determine if the program improves quality and efficiency and reduces the workload at each agency. The trial period is set to expire January 28, 2009, and both offices will then decide whether to adopt the Patent Prosecution Highway.