{"id":2810,"date":"2016-08-02T15:44:54","date_gmt":"2016-08-02T07:44:54","guid":{"rendered":"http:\/\/henrygoh.com\/wordpress\/?p=2810"},"modified":"2024-11-28T14:01:07","modified_gmt":"2024-11-28T06:01:07","slug":"myipo-and-japan-patent-office-launch-pph-pilot-program","status":"publish","type":"post","link":"https:\/\/henrygoh.com\/zh\/myipo-and-japan-patent-office-launch-pph-pilot-program\/","title":{"rendered":"MyIPO and Japan Patent Office launch PPH Pilot Program"},"content":{"rendered":"<p>Effective 01 October 2014, the Intellectual Property Corporation of Malaysia (MyIPO) and the Japan Patent Office (JPO) have commenced a Patent Prosecution Highway (PPH) pilot program. The program will initially run for a trial period of three years, followed by an evaluation to determine whether and how the program should be fully implemented thereafter.<\/p>\n\n\n\n<p>Under this PPH program, an applicant that has a pending Malaysian patent application may request accelerated examination by MyIPO based on favourable examination by the JPO of a corresponding Japanese or PCT application (hereafter collectively called the \u201creference application\u201d). In order to qualify for processing under the PPH program, the following conditions must be met:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The Malaysian application and the reference application examined by the JPO must correspond \u2013 this is defined in terms of a priority relationship between the applications or a common PCT application.<\/li>\n\n\n\n<li>One or more claims of the reference application have been indicated as allowable by the JPO.<\/li>\n\n\n\n<li>The claims presented in the Malaysian application for examination under the PPH sufficiently correspond to such allowed claims.<\/li>\n\n\n\n<li>A request for normal examination has been filed with MyIPO (either previously, or with the PPH request).<\/li>\n\n\n\n<li>If the examination request was filed previously, MyIPO has not yet started the examination.<\/li>\n<\/ul>\n\n\n\n<p>A request for PPH processing is made by submitting the following documents:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>An official request form.<\/li>\n\n\n\n<li>All relevant office actions issued by the JPO, or the Written Opinion or IPRP issued by the JPO for a PCT-based request.<\/li>\n\n\n\n<li>The claims determined to be allowable by the JPO.<\/li>\n\n\n\n<li>Any non-patent prior art references cited by the JPO examiner.<\/li>\n\n\n\n<li>A claim correspondence table that shows the relationship between the pending Malaysian claims and the claims deemed allowable by the JPO.<\/li>\n\n\n\n<li>English translations of the above documents if they are in Japanese \u2013 however, prior art citations do not need to be translated unless subsequently requested by the MyIPO examiner. A machine translation can be submitted initially, though an examiner may require a formal translation if the machine translation is inadequate.<\/li>\n\n\n\n<li>Documents and their translations do not need to be submitted if they are available to the MyIPO examiner through the JPO\u2019s Advanced Industrial Property Network (AIPN) or WIPO\u2019s PATENTSCOPE website.<\/li>\n<\/ul>\n\n\n\n<p>If the request for PPH processing is made prior to the 18-month publication date, the request will be held in abeyance by MyIPO and only processed after that date.<\/p>\n\n\n\n<p>The above description focuses on using the program to accelerate examination at MyIPO. In fact, the program is bi-directional in nature so that examination at the JPO can also potentially be accelerated based on favourable examination by MyIPO of a corresponding Malaysian application. Overall, the introduction of this program should be of interest and benefit to both our domestic and foreign clients. It is a positive development in Malaysian patent practice that adds another possible route to advancing patent prosecution.<\/p>\n\n\n\n<p>HENRY GOH &amp; CO SDN BHD<\/p>\n\n\n\n<p>Last updated 18 November 2015<\/p>","protected":false},"excerpt":{"rendered":"<p>Effective 01 October 2014, the Intellectual Property Corporation of Malaysia (MyIPO) and the Japan Patent Office (JPO) have commenced a Patent Prosecution Highway (PPH) pilot program. The program will initially run for a trial period of three years, followed by an evaluation to determine whether and how the program should be fully implemented thereafter. Under [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"none","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_gspb_post_css":"","footnotes":""},"categories":[27],"tags":[],"class_list":["post-2810","post","type-post","status-publish","format-standard","hentry","category-malaysia-law-and-practice-updates"],"blocksy_meta":[],"acf":[],"_links":{"self":[{"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/posts\/2810","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/comments?post=2810"}],"version-history":[{"count":0,"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/posts\/2810\/revisions"}],"wp:attachment":[{"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/media?parent=2810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/categories?post=2810"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/henrygoh.com\/zh\/wp-json\/wp\/v2\/tags?post=2810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}