By requesting that their applications be processed under these agreements, applicants can generally obtain a final measure more quickly before participating in Offices. A number of bilateral agreements have been signed between patent offices to promote the division of labour and to allow patent applicants to request expedited processing at the national stage, where patent examiners can benefit from the results of the work of other offices. These work products may include: E-filing assistance is available from the Patent Electronic Business Center (EBC) at 866-217-9197 (toll-free) or 571-272-4100 from 6 a.m.m. to 12 p.m. Eastern Time, Monday through Friday, or by email at ebc@uspto.gov. If you have specific questions about the HPP, email PPHfeedback@uspto.gov. The full list of countries participating in the HPP can be found at: www.uspto.gov/patents/init_events/pph/index.jsp. Since July 2006, the United States Patent and Trademark Office (USPTO) has been collaborating with several other offices under the Patent Prosecution Highway (PPH) programs. By the end of fiscal 2016, the U.S. had signed twenty-two PPH agreements with other countries around the world, according to the USPTO`s 2016 annual report. The USPTO has also accepted the terms of the PPH global system and shares through the global PPH system or PPH bilateral agreements with 30 different IP offices. The PPH is the cornerstone of the USPTO`s efforts to collaborate in the division of labor.
If a PPH application is filed in the next application (OLE), all claims in the OLE application must sufficiently match the patentable/admissible claims of the earlier application (OEE). Therefore, broader claims or claims of different scope than those previously authorized cannot be added or left in the application. However, an applicant may add dependent claims that are inherently narrower in scope. See: www.uspto.gov/patents/law/notices/global-ip5.pdf The PPH allows an application whose claims have been found to be patentable with the Office of First Filing (OFF) to undergo accelerated examination within the Office of Second Filing (OSF) using a simple procedure at the request of an applicant on the basis of ex officio bilateral agreements. In addition to the global PPH and IP5 PPH pilot programs, the USPTO has entered into PPH agreements with the following IP offices around the world. These countries are not yet included in the global PPH, so applicants must use the special forms listed in the table. For information, requirements and the application form for each of the pSP programs, click on the following links: The USPTO has agreements with the following foreign IP offices: It allows you to request expedited processing of a European application if the claims have been deemed patentable/admissible by another office. At the same time, it allows the EPO to reuse work done in other offices. . Any previous positive results (whether PCT or a national work product) from any of the IP offices listed below can serve as the basis for PPH status with the USPTO under these new simplified pilot programs.
All the countries listed can use the only application form that you can find on the following link. The strategic possibilities are endless for intellectual property owners! An updated “PPH 2.0” system under the program name “Mottainai” (a Japanese word meaning “waste”) began in mid-2011 under the aegis of several national patent offices. [2] To apply for participation, you will need the following documents: Under the Global Patent Prosecution Highway (Global PPH) pilot project, an application for expedited processing based on work products, including PCT work products, may be submitted to each participating Office according to uniform criteria. . Although an application to participate in the HPSP and a special status granted in an application are transferred to a request for further review (RCT) of the application, an application for participation in the HPSP and a special status granted in a parent application are not transferred to a continuous application. The applicant must meet all of the above requirements to obtain special status in an ongoing application. For more information on the forms and administrative procedures guidelines for each participating Office, please see: (2) A claim mapping table in English showing how (and certifies) all claims in the U.S. application match the eligible or patentable claims in the OEE application. Participation in the PPH program is free of charge. On January 6, 2016, a patent processing highway program was launched between the five IP offices.[30] To participate in the PPH, the applicant must submit the following to the USPTO On May 25, 2010, the USPTO abolished the fee for applying for specialization under the PPH programs. Form SB/20SA (Patent Prosecution Highway Request Form) [PDF] (3) All claims in the U.S.
application for which participation in the HPP is requested must sufficiently correspond to the admissible or patentable claims in the corresponding OEE application. . There are no fees under PPH programs. For more information, see this Federal Register notice. (1) An application to participate in the PPH program and an application to suspend the U.S. application for review under paragraph 37 CFR 1,102(a). Patent Term Adjustment (PTA) is available for applications accepted under the PPH program. The objective of the PPH is to facilitate the acquisition of a patent by the applicant at an early stage worldwide and to improve the use of search and examination results between IP Offices in order to reduce the burden of examination and improve the quality of examination worldwide. No, the PPH is not available for design patent applications. Not all applications that are subject to a confidentiality order are eligible for the HPS. The PPH is also not available for preliminary, plant, reissue and review applications.
Global PPH refers to a program that covers a greater number of participating patent offices than IP5 PPH, which only covers Japan (JPO), Korea (KIPO) and the United States. (USPTO), European Patent Office (EPO) and China (SIPO). The icons under Country/Region Names indicate the available PPH schemes. Any claim modified or added after the grant of the application to participate in the PPH must sufficiently satisfy one or more eligible or patentable claims in the OEE application. The applicant must submit, with the amendment, a statement showing that the amended or newly added claims sufficiently correspond to the admissible or patentable claims of the OEE application. If the certification declaration is omitted, the change is not entered and is treated as an unresponsive response. . To participate in the PPH program, you must meet the following requirements: We are pleased to announce that on January 6, 2014, the USPTO launched pilot projects that simplify access to participating PPH offices. The new pilot projects, formulated under the auspices of Global PPH and IP5 PPH, replace the existing forms and procedures that were unique to each PPH country with a common form and rules for the participating countries.
A claim in a U.S. application whose scope is narrower than the claims specified as admissible/patentable in the OEE application is sufficiently appropriate if it is presented as a claim dependent on a claim that has the same or similar scope to a claim specified as admissible/patentable in the OEE application. The PPH application must be submitted before the start of the substantive examination. .