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 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 24, 2026
Patent enablement requirements are provided under Article 102 of Vietnam’s Law on Intellectual Property (IP Law). In particular, a patent specification must “fully and clearly disclose the nature of the invention to such an extent that, based on the specification, a person having ordinary skill in the relevant art can implement the invention.” In pharmaceutical and biotechnology patents, this requirement is more complicated and subject to more rigorous assessment. The Patent Examination Guidelines (Guidelines) of the Intellectual Property Office of Vietnam (IP Office) were amended in March 2026 to introduce Annexes III and IV for the pharmaceutical and biotechnology sectors, in which Annex III provides detailed guidelines on the assessment of specification requirements. These amendments were made under a project for strengthening capacity in industrial property examination between the Japan International Cooperation Agency (JICA) and the IP Office. Annex III provides detailed instructions on how examiners assess enablement in a pharmaceutical or biotechnology application, and offers examples of acceptable and unacceptable descriptions with regard to the enablement aspect. Enablement Requirements in Pharma and Biotech Patents Article 12.7 of Circular 10/2026/TT-BKHCN (Circular 10) adds to the requirements of Article 102 of the IP Law that the description must demonstrate the novelty, inventive step, and industrial applicability of the technical solution. For pharmaceutical composition subject matters, Article 12.9 of Circular 10 sets out that the description must present the results of clinical trials and/or the pharmacological effects of the claimed pharmaceutical composition, and must include at least the following information: Substance/mixture used. Testing method (system) employed. Information on the test results. Correlation between the pharmacological effects obtained from the tests and the application of the pharmaceutical product in the prevention, diagnosis, and treatment of diseases. The Guidelines note that pharmacological study results should be presented in a quantified manner, and pharmacological
Read More
June 16, 2026
Since the implementation of the Trademark Law 2019 on April 1, 2023, Myanmar has operated under a modern first-to-file trademark system that brings its registration framework closer to international practice. As the new regime continues to develop in practice, applicants are increasingly required to navigate formal examination requirements, substantive objections, and procedural deadlines with greater precision. This article provides a high-level review of the trademark examination process in Myanmar, focusing on the principal stages from initial review to approval, the types of objections commonly raised by the Intellectual Property Department (IPD), and the key considerations for responding effectively. A clear understanding of these issues is essential for applicants seeking to secure registration efficiently and to mitigate avoidable delays or refusals. Examination Process: Key Stages Trademark applications filed with the IPD undergo two stages of review. Formality Examination The IPD first verifies compliance with procedural requirements, including: Correct Nice Classification Clear mark representation Accurate applicant details Clearly defined goods or services Representative details, if the application is filed by a representative Other formality requirements cover translation and transliteration of any non-English or non-Myanmar elements in the mark, color claim details, applicable disclaimers, and payment of official fees. Deficiencies result in an office action requiring correction within 30 days, which may be extended upon request. Registrability Examination The IPD also assesses registrability. A mark may be refused if it: Lacks distinctiveness Is descriptive or generic Misleads the public or violates public order/morality Contains prohibited state symbols Only compliant applications proceed to publication. Responding to Office Actions Applicants must respond within 30 days of notification from the IPD. Depending on the nature of the objection, strategies may include submitting legal arguments for distinctiveness, providing evidence of acquired distinctiveness, filing appropriate disclaimers, clarifying descriptions such as color claims, or amending the listed goods
Read More