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Patent Prosecution Highway (PPH)
1. Purpose and Outline of the Patent Prosecution Highway
The Patent Prosecution Highway leverages accelerated examination procedures available in the JPO and USPTO to allow applicants in both Offices to obtain corresponding patents faster and more efficiently. It also permits each Office to benefit from the work previously done by the other Office, in turn reducing examination workload and improving patent quality.
The Patent Prosecution Highway (PPH) enables an applicant whose claims are determined to be allowable / patentable in an application filed in the Office of First Filing (OFF) to request accelerated examination of the corresponding application filed in the Office of Second Filing (OSF) with a simple procedure.
Current accelerated examination systems of the JPO and the USPTO require an applicant to conduct a pre-examination search and to submit the search results (references), an explanation of comparison between the claimed invention and prior arts and an explanation of patentability of the claims. However, under the Patent Prosecution Highway scheme, each Office permits an applicant to request accelerated examination of the application filed in the OSF by submitting to the OSF office actions of the OFF together with patentable claims of the OFF and references cited by an examiner of the OFF, as an alternative to those documents required in the current accelerated examination system.
2. PPH Pilot Program between the USPTO and the JPO
The PPH pilot program between the USPTO and the JPO started in July 2006 in order to gauge the interest of the applicants in the program and to determine if the program contributes to improving quality and efficiency as well as reducing the duplication of work in each Office. This program was also intended to obtain feedback from applicants and examiners during the program that will help to determine whether any changes to the requirements of the PPH and the operating procedures need to be made prior to the full implementation of the program. The trial period of the program was originally scheduled to last for one year, until July 3, 2007.
The PPH pilot program has been well received among users especially because they were able to obtain examination results from the Office of second filing at an earlier stage. Based on feedback from the users/applicants, the requirements of the PPH pilot program have been modified to permit certain applications based on PCT filings to qualify for participation in the PPH pilot program starting May 18, 2007.
In view of the recent changes to the PPH requirements, the USPTO and the JPO have decided to continue conducting the PPH pilot program. The PPH pilot program is being extended for six more months - that is, until January 3, 2008. The USPTO and the JPO will evaluate the final results of the pilot program at the end of this additional period and will determine whether and how the program should be fully implemented.
3. How to participate in the PPH Pilot Program
The requirements to participate in the PPH pilot program and the procedures to request participation in the JPO and the USPTO may be found at the following websites.
