Accelerating Examination: Patent Prosecution Highway

The United States PTO has entered into an agreement with a large number of other patent offices called the Patent Prosecution Highway.  This program is intended to permit the sharing of information and resources between patent offices in various countries in an effort to accelerate patent examination, and presumably increase patent quality, by reducing redundancies in the examination process.

Under this program, the applicant files a patent application in one country, usually the country where the inventor or assignee is located, and then files additional applications in other countries claiming priority to the first-filed application.  Once a patent claim is found to be allowable by the patent office where the application was first filed, the applicant may request that other patent offices fast track examination of the application.  Usually this means that the application will be taken up out of turn and moved near the front of the examination line.  This is a type of work-sharing program intended to reduce redundancy in examination.

There is no longer a fee associated with this program.

The PTO has also instituted programs for trilateral accelerated examination with several countries.  These programs permit applicants who receive a positive written opinion or international preliminary examination report issued by the USPTO or the other program country stating that at least one claim meets the requirements of novelty, inventive step, and industrial applicability, to have the opportunity to accelerate examination of the application in the USPTO or the other pilot program country.

The US has PPH agreements with the following countries:

Australia
Austria
Canada
China
Denmark
EPO
Finland
Germany
Hungary
Iceland
Israel
Japan
Korea
Mexico
Norway
Russia
Singapore
Spain
Taiwan
United Kingdom

The PTO has PCT PPH programs with the following countries.  Some were originally scheduled to expire, but have been extended:

Australia
Austria 
China
EPO
Finland 
Japan
Korea
Nordic Patent Institute
Russia
Spain
Sweden

For applicants that plan to file or have filed in any of these countries, the ability to accelerate examination in later-filed offices can be a significant advantage and should be seriously considered.

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One Response to “Accelerating Examination: Patent Prosecution Highway”

  1. Ximing Huang Says:

    Question: Timeless PCT Deadline

    The time limit or deadline to file a PCT application or make a national entry should be canceled at all. The only time limit or deadline is the expiring date which is 10 or 20 years from the filing date. But there is one demand: the priority application must be published by one of the seven languages after 18 months from the priority date. Also, there is one bargain: the patent application is not protected by law until the applicant requests an examination.

    The reason is as follows:

    In the past, if the patent office does not require the applicant to have an examination as soon as possible, the applicant may sell his invention without paying to the patent office.

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