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27 July 2020
On 1 May 2012 Taiwan and Japan signed a patent prosecution highway (PPH) programme to better facilitate patent cooperation.(1)
In 2014 the programme (known as the PPH MOTTAINAI)(2) was amended to relax a restriction which meant that only search and examination results of the office of first filing were permissible as a reference for the office of second filing. Under the PPH MOTTAINAI, applicants could file an accelerated examination by submitting the examination result of any office of earlier examination. In 2017 the programme was extended by three years.
On 1 May 2020 the PPH MOTTAINAI became permanently effective. Thus, applicants can now request accelerated examination under the PPH MOTTAINAI without an expiry date.
Using a Taiwanese patent application as an example, the following requirements must be met if applicants wish to rely on the examination results of a corresponding Japanese patent application to request an accelerated examination under the PPH MOTTAINAI for their Taiwanese patent application:
To initiate accelerated examination under the PPH MOTTAINAI, applicants must submit:
Applicants should consider the above requirements to craft an optimal patent application strategy.
For further information on this topic please contact Hsiu-Ru Chien and Elina Yu at Lee and Li Attorneys at Law by telephone (+886 2 2763 8000) or email (firstname.lastname@example.org or email@example.com). The Lee and Li Attorneys at Law website can be accessed at www.leeandli.com.
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