You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 3, 2023

A Review of the Japan-Vietnam Patent Prosecution Highway

Subscribe to Updates

Overview

Although Vietnam has a number of mechanisms for accelerating the patent examination process, most of them have not lived up to the expectations of applicants. However, a fast-track patent prosecution highway (PPH) program was opened for the first time between the Intellectual Property Office of Vietnam (IP Office) and the Japan Patent Office (JPO) in January 2016, creating opportunities for all applications originating from Japan.

The PPH program has been rolled out in the following stages:

After more than six years of implementation, this program is considered successful and can be extended to support Japanese enterprises in establishing patent rights in Vietnam.

Effectiveness

This program has many advantages, such as:

  • Applications originating from Japan are usually of good quality with clear and coherent specification It is possible that the IP Office’s requirements for specifications are already very consistent with Japanese applicants’ way of drafting specifications thanks to the JPO’s training programs for the IP Office.
  • Patents in Japan usually have a short examination timeline and are granted very quickly, even within the application filing timeline in Vietnam (12 months from the priority date for applications filed under the Paris Convention and 31 months from the priority date for applications filed as PCT national phase applications).
  • The coordination between the JPO and the IP Office has been very good. PPH applications are processed in a quick and efficient manner.
  • Japanese applicants and their representatives also often coordinate well with the IP Office to rectify formality shortcomings and avoid prolongation of the examination period.

Although there are no official statistics from the IP Office, according to independent statistics for applications whose PPH requests were filed by Tilleke & Gibbins’ associate firm (one of the most prolific filers under the PPH), the examination period for applications under the PPH has been significantly shortened, compared to the period for substantive examination as prescribed by law (18 months):

  • The average period for receiving the first office action as from the date of the PPH request is 8.53 months.
  • The average period for receiving a notice of allowance without an office action from the date of requesting PPH is 7.98 months.

Further, the prescribed 18-month time limit for examination is often difficult to achieve for various reasons, and the actual examination period for applications not under the PPH program is typically much longer than 18 months in practice. Obviously, the PPH has been providing a tremendous time benefit to Japanese applicants.

Current Status

Since its inception, the PPH program has attracted the attention of many Japanese enterprises and industrial property representatives in Vietnam. In fact, in the first rounds of this program, the timeline for the number of requests to reach the limit was often very short, and in many cases the limit was reached on the very first day the round was opened.

However, despite the PPH’s apparent effectiveness, recent monitoring of the number of applications as well as the time limit for filing PPH requests shows that this program has not been attracting the attention of Japanese applicants as much as before. According to the above figure, the number of days to reach the request limit has increased in every period since 2020. By 2022, the first round, which was opened on April 1, 2022, had not even reached 100 requests after six months, and the 34 remaining spots were moved to the second round, which was opened on October 1, 2022.

It is not clear why Japanese applicants have shown reduced interest in the PPH program after its initial popularity, though it is worth noting that the time period in which the number of PPH requests was slower to reach the limit (from October 2020 to mid-2022), coincided with the period when Japan and Vietnam were most affected by the Covid-19 pandemic. This may have affected the management strategy of Japanese enterprises as well as the budget for promoting IP portfolios.

Upcoming Changes

Article 114 of Vietnam’s amended IP Law, which took effect on January 1, 2023, allows the IP Office to use the results of substantive examination of a patent application claiming the same invention filed with a foreign patent office in the process of assessing the patentability of the corresponding Vietnamese application. The latest draft of a circular to replace Circular 01/2007, which guides the implementation of the IP Law, also includes provisions intended to allow an applicant to proactively request the IP Office to proceed in this manner. Also according to this draft circular, if the IP Office accepts the applicant’s request, a communication on substantive examination results must be issued for the Vietnamese application within 12 months from the date of the request.

As such, Article 114 of the IP Law seems to open a new door for patent applicants in accelerating the examination process in Vietnam. This program is expected to be equally effective and possibly even more effective than existing acceleration programs. The scope of expedited examination is extended to applicants from all countries and is not limited only to applications originating from Japan and South Korea (which has its own PPH with Vietnam) or applications with equivalent applications filed in ASEAN countries under the ASPEC program.

Although on the positive side, the expedited process will give applicants more options, on the other hand, because of the overlap in the results that can serve as basis for examination, this new program will “steal” applications from the PPH program. Thus, once the new program goes into effect, Japanese applicants will no longer have a significant advantage over applicants from other countries that can use foreign results. However, according to the statistics cited above, the average examination period of the PPH program may still be shorter, and the PPH program has been operating in a stable manner; hence, in the early period once the new program is in place, the Japan PPH may still be more attractive.

As Vietnam currently does not have a mechanism for extending the protection term of a patent, the early granting of a protection title is still an advantage. The PPH remains an effective channel for Japanese applicants in expediting the examination and granting of patents in Vietnam.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 27, 2026
Tilleke & Gibbins’ intellectual property specialists have authored the Thailand chapter of Trade Secrets 2026 from Chambers and Partners. This global guide examines the legal frameworks governing trade secret protection, enforcement, and litigation across jurisdictions worldwide. The Thailand chapter provides a comprehensive overview of the country’s legal regime for protecting confidential business information, covering the legal framework, trade secret misappropriation, litigation procedures, remedies, and dispute resolution. Some topics covered include: Protectable trade secrets Reasonable measures to maintain secrecy Employee confidentiality Trade secret licensing Civil and criminal remedies Litigation procedures and injunctions Damages and other remedies Mediation and arbitration The guide also examines practical issues relating to safeguarding trade secrets, defending against allegations of misappropriation, and managing trade secret disputes in Thailand. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Trade Secrets 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
Read More
July 27, 2026
In March 2025, Thailand’s Central Intellectual Property and International Trade Court (IP&IT Court) issued a landmark judgment in favor of Luckin Coffee, China’s leading retail coffee chain. The judgment marked a significant turnaround following earlier trademark litigation involving Luckin Coffee from 2021 to 2023 that had generated widespread public attention and raised questions about the protection available to legitimate foreign brand owners in Thailand. In a significant subsequent development, Thailand’s Court of Appeal for Specialized Cases has now affirmed the IP&IT Court’s judgment in its entirety. The appellate decision brings clarity to one of Thailand’s most closely watched trademark disputes. Significantly, this is the first case in Thailand to formally recognize the trademark squatting principle. The Court of Appeal confirmed that Luckin Coffee has a better right to the disputed mark and ordered cancellation of the defendants’ trademark registration—a key application of the “better right” doctrine. The court also upheld the substantial damages awarded at first instance, providing important guidance on assessing harm from systematic trademark squatting. Award-Winning Judgment Affirmed in Its Entirety The significance of the first-instance judgment extended beyond the outcome for Luckin Coffee. The IP&IT Court judgment was subsequently recognized in the IP&IT Court’s Distinguished Judgment Awards in 2025, reflecting the complexity, novelty, and legal significance of the issues considered in the case. The defendants nevertheless appealed the judgment, challenging several key aspects of the IP&IT Court’s decision. Luckin Coffee continued to entrust Tilleke & Gibbins as their sole attorney to pursue the case at the appellate level. After considering the defendants’ appeal and Luckin Coffee’s submissions in response, the Court of Appeal affirmed the first-instance judgment in its entirety. The judgment was announced on July 8, 2026. Better Right to the Marks The Court of Appeal confirmed Luckin Coffee’s superior rights. The orders include cancellation
Read More
July 24, 2026
As food innovation continues to accelerate, manufacturers are increasingly introducing ingredients derived from new sources, produced using novel technologies, or lacking a significant history of human consumption. While these innovations create new opportunities for the food industry, they also raise important questions regarding consumer safety. For this reason, many jurisdictions, including Thailand, the European Union, Australia and New Zealand, Canada, and Singapore, require a premarket safety assessment for novel food ingredients before they can be placed on the market. The objective of this assessment is to ensure that each ingredient is safe for its intended use and level of consumption, does not present toxicological, allergenic, microbiological, or nutritional concerns, and will not mislead consumers. Scientific authorities typically evaluate the ingredient’s identity, manufacturing process, composition, specifications, anticipated dietary exposure, toxicological information, nutritional impact, and history of use before determining whether it can be marketed. Against this background, the Thai Food and Drug Administration (FDA) recently took an important step toward improving regulatory transparency by publishing, for the first time, a consolidated public list of substances that have successfully completed the Thai FDA’s safety assessment process, including substances determined to be novel foods and those determined not to fall within the novel food category. The list identifies the approved substances, the corresponding manufacturers or importers, approval dates, and the approved conditions of use. Although the publication does not change the existing legal framework governing novel food approvals, it provides businesses with greater visibility into the Thai FDA’s regulatory precedents and the types of substances that have previously been accepted through the safety assessment process. The full announcement is available on the Thai FDA’s website. As the list is now publicly available, it also provides useful insight into the types of substances that have successfully completed the Thai FDA’s safety assessment process.
Read More
July 24, 2026
Indonesia has updated its fee framework for intellectual property (IP)-related government services, with implications for IP owners, licensees, lenders, digital platforms, and businesses operating in the country. Government Regulation No. 30 of 2026 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law (GR 30/2026) was promulgated on July 2, 2026, and will take effect on August 1, 2026. Key Takeaways GR 30/2026, which replaces the relevant IP service fees under Government Regulation No. 45 of 2024, reorganizes the fee schedule into separate categories for copyright, industrial designs, patents, layout designs of integrated circuits, trade secrets, trademarks, geographical indications, IP enforcement, and other categories. The most commercially relevant changes include a new copyright recordation tariff exemption for songs and music, higher fees for several trademark and geographical indication services, new IP enforcement service fees, and a new fee type for registration of fiduciary security over IP rights objects. In addition, this is the first major update for trademark fees in approximately 10 years. GR 30/2026 is significant not only as a fee update but also as a further indication of Indonesia’s increasing recognition of IP as a financeable commercial asset. By expressly assigning fees to the registration of fiduciary security over IP rights objects, the regulation places IP-backed collateral filings within the Ministry of Law’s administrative service framework. While GR 30/2026 does not create a new secured-transactions regime, this development is relevant for lenders, borrowers, and IP owners structuring financing arrangements secured by trademarks, patents, copyrights, industrial designs, or other registrable IP rights in Indonesia. Copyright: New Fee Exemption for Songs and Music Recordation For copyright, GR 30/2026 creates a fee-exempt category for recordation of works or related-rights products for songs or music, while maintaining a separate category for other works and related-rights products. It
Read More