ENGLISH
GERMANThe Patent Prosecution Highway – Between the United States and the United Kingdom
by – Attorney Christopher J. Menke
In 2007, the United States Patent and Trademark Office (USPTO) kicked off a Patent Prosecution Highway pilot program (PPH) with the United Kingdom Intellectual Property Office (UK IPO). The PPH leverages fast-track patent examination in both patent offices to allow applicants in both countries to obtain patents faster and more efficiently. It also permits each patent office to reuse work previously done by the other office thereby reducing examination time and workload.
“Patent offices worldwide must increase the depth and effectiveness of their cooperation. Our collective goal is to reduce duplication of work, speed up processing, and improve quality” said Under Secretary of Commerce of Intellectual Property and Director of the USPTO Jon Dudas.
Under the PPH, an applicant receiving a ruling from either the UK IPO or the USPTO that at least one claim in an application is patentable may request that the other patent office fast track the examination of corresponding claims in corresponding patent applications.
In January 2008, the pilot program was modified to permit certain patent applications based on the Patent Cooperation Treaty (PCT) to qualify for participation in the PPH program. For example, a U.S. patent application may be eligible for the PPH if it is: 1) a Paris Convention application with certain valid claim priority, 2) a national stage application from a PCT international application after compliance with certain requirements, or 3) a bypass patent application with certain valid claim priority to a PCT application.
Based on the initial success of the PPH between the two patent offices, the USPTO and UK IPO have decided to continue the PPH pilot program until further notice.
For more information on the Patent Prosecution Highway and how to fast track your patent application between the USPTO and UK IPO, Email Christopher J. Menke .
Filed under the Intellectual Property Law category.
