Following Patent Prosecution Highway programme between Vietnam and Japan that ended in 31 March 2019, the Intellectual Property offices of Vietnam (the NOIP) and Korea (the KIPO) have entered a Cooperation Memorandum covering many points of extensive cooperation in Intellectual Property, among which is a pilot Patent Prosecution Highway (PPH) programme. Previously, Vietnam launched a similar PPH programme in cooperation with the JPO and joined the ASEAN patent examination cooperation (ASPEC).
During the pilot period of two years, any Vietnamese applications filed with the KIPO and Korean applications filed with NOIP, if they meet the prescribed requirements, will be expedited in examination and the granting of protection. The pilot PPH will be relevant for applications filed on and after 1 June 2019. While the PPH with the Korea IPO will end on 31 May 2021 and accepts a limited amount of 100 requests per year at the maximum, it is still extendable if the NOIP will provide more favourable commitments to the PPH with Korea.
In practice, IP Vietnam issues the first Office Action in 9 months from the starting date of substantive examination period (half the time of the statutory 18 month-period).