The Patent Prosecution Highway (PPH) is a collaborative initiative among global patent offices that allows applicants to leverage positive examination results from an earlier application to expedite the review of corresponding patents in subsequent jurisdictions. This framework helps applicants obtain overseas patent rights faster and more efficiently.
For instance, if an invention has already been granted patent protection in China, the applicant may request accelerated examination in other countries such as the United States or Japan through the PPH program.
Types of PPH
Regular PPH: Applicants use the favorable examination results from the office of first filing to request accelerated processing in a subsequent patent office.
PCT-PPH: Applicants use positive written opinions (e.g., from an International Searching Authority) obtained during the PCT international phase to request accelerated national-phase examination.
Key Requirements
At least one claim in the first application must be deemed allowable or patentable.
A PPH agreement must exist between the offices involved.
Three Major Advantages of PPH
1. Faster Examination: Traditional patent examination can be time-consuming. With PPH, a positive outcome from the first office allows subsequent offices to fast-track corresponding applications, significantly shortening the time to grant.
2. Cost Reduction: Responding to office actions in foreign jurisdictions can be expensive. PPH helps reduce the need for repeated submissions and revisions, lowering overall prosecution costs.
3. Higher Grant Rate: The positive assessment from the first office serves as a reference, increasing the likelihood of patent grant in subsequent jurisdictions.
Important Note
PPH is not a mechanism for the mutual recognition of substantive examination results. Each patent office still conducts independent examination in accordance with its own laws and regulations.
List of States and IGO Keeping Patent Prosecution Highway (PPH) Cooperation with China: https://en.we-ipr.com/Resources/115
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