US-China "Patent Prosecution Highway Pilots" to Launch on Dec 1
On November 8, 2011, the U.S. Patent and Trademark Office (USPTO) and China's State Intellectual Property Office (SIPO) signed a Joint Statement of Intent to launch two new Patent Prosecution Highway (PPH) pilot programs on December 1, 2011. The PPH pilots will speed up the examination process for corresponding patent applications filed in each country by allowing examiners to reuse search and examination results.
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Pilots to Expedite Processing of Patent Applications in both Countries
The PPH pilot programs will permit both the USPTO and SIPO to benefit from work previously done by the other office, which will reduce the examination workload and improve patent quality. The expedited examination in each office will allow applicants to obtain corresponding patents faster and more efficiently in each country.
These PPH pilot programs will apply to qualifying patent applications filed under both the Paris Convention for the Protection of Industrial Property (Paris Route) and the Patent Cooperation Treaty (PCT). Under the Paris Route PPH pilot program, an Office of Second Filing (OSF) may utilize the search and examination results of a national application filed in the Office of First Filing (OFF) in a corresponding application filed under the Paris Convention in the OSF. The PCT-PPH pilot program will use positive international written opinions and international preliminary examination reports developed within the framework of the PCT.
Pilots to End Nov 2012 but May Be Extended
The one-year pilot programs will end on November 30, 2012. Both offices may extend the one year trial period upon mutual agreement. The purpose of this trial program is to gauge the interest of applicants and to evaluate the programs for patent quality, efficiency and the reduction of the workload at the USPTO as well as SIPO.
(The USPTO has PPH agreements with 28 Intellectual Property Offices around the world.)
(See ITT's Online Archives 08011125 for summary of USPTO and the Japan Patent Office implementing a PPH program in 2008.)