Patent Prosecution Highway (PPH) - Fast Track Examination of Applications

We are pleased to announce that on January 6, 2014, the USPTO launched pilots that simplify access to participating PPH offices. The new pilots - formulated under Global PPH and IP5 PPH auspices - replace existing forms and procedures that were unique to each PPH country pairing, with one form and common rules for participating countries.

The Global PPH and IP5 PPH pilot programs will run concurrently and are substantially identical, differing only with regard to their respective participating offices. Because the USPTO has elected to participate in both the Global PPH pilot program and the IP5 PPH pilot program, a PPH request may be filed in the USPTO based on the work product of any office participating in either pilot program. Furthermore, because the respective requirements for the Global PPH and IP5 PPH pilot programs are equivalent, USPTO applicants need not specify which pilot program is being utilized.

Any earlier, positive results (whether PCT or national work product) from any of the IP offices in the list below may potentially form a basis for PPH status at the USPTO under these new simplified pilot programs. All the countries listed can use the single request form found in the link below. The strategic possibilities are countless for IP owners!

Global PPH and IP5 PPH pilot programs: Request form (SB/20GLBL)

Revised PPH Request Forms and National Stage Applications under 35 U.S.C. 371 

Since October 2022, the United States Patent and Trademark Office (USPTO) modified its forms for requesting participation in the Patent Prosecution Highway (PPH) program.  For the purposes of U.S. national stage applications under 35 U.S.C. 371, the modification included an express request to begin national stage processing under 35 U.S.C. 371(f) and a reminder that specific requirements must be met for such a request to be effective.  This will enable immediate processing of 35 U.S.C. 371 applications in which a PPH request was granted.

 A review of all PPH requests submitted in 371 applications in September 2023 showed that only 50% used the newer PPH form as revised in October 2022.  With the use of the older PPH forms, if applicants failed to expressly request to begin national stage processing under 35 U.S.C. 371(f), processing will not begin until the expiration of the time limit under PCT Article 22(1) or (2), or under PCT Article 39(1)(a) (i.e., 30 months from the earliest priority date) even if a PPH request was granted.  Therefore, even though such applications had received special status under the PPH, applicants will not be able to benefit from accelerated prosecution until the end of the 30-month period.

 For any questions about the PPH as it relates to 35 U.S.C. 371 applications, please contact the PCT Helpdesk at (571) 272-4300 between 8:30 a.m. and 5 p.m. (ET), Monday-Friday.  For any other questions about the PPH, send an e-mail to PPHfeedback@uspto.gov.

Global and IP5 PPH participants with the USPTO: 

Learn more about the Global PPH pilot at the Global PPH section of the PPH portal Web site.

Interactions with Russia's Intellectual Property Office 

In addition to the Global PPH and IP5 PPH pilot programs, the USPTO has PPH agreements with the following Intellectual Property Offices around the world. These countries are not yet included in the Global PPH so applicants must use the special forms noted in the table. 

Revised PPH Request Forms and National Stage Applications under 35 U.S.C. 371 

Since October 2022, the United States Patent and Trademark Office (USPTO) modified its forms for requesting participation in the Patent Prosecution Highway (PPH) program.  For the purposes of U.S. national stage applications under 35 U.S.C. 371, the modification included an express request to begin national stage processing under 35 U.S.C. 371(f) and a reminder that specific requirements must be met for such a request to be effective.  This will enable immediate processing of 35 U.S.C. 371 applications in which a PPH request was granted.

 A review of all PPH requests submitted in 371 applications in September 2023 showed that only 50% used the newer PPH form as revised in October 2022.  With the use of the older PPH forms, if applicants failed to expressly request to begin national stage processing under 35 U.S.C. 371(f), processing will not begin until the expiration of the time limit under PCT Article 22(1) or (2), or under PCT Article 39(1)(a) (i.e., 30 months from the earliest priority date) even if a PPH request was granted.  Therefore, even though such applications had received special status under the PPH, applicants will not be able to benefit from accelerated prosecution until the end of the 30-month period.

 For any questions about the PPH as it relates to 35 U.S.C. 371 applications, please contact the PCT Helpdesk at (571) 272-4300 between 8:30 a.m. and 5 p.m. (ET), Monday-Friday.  For any other questions about the PPH, send an e-mail to PPHfeedback@uspto.gov.

BILATERAL PPH PARTICIPANTS WITH THE USPTO AND PPH REQUEST FORMS 

For information, requirements and the request form for each of the PPH programs, click on the links below:

PPH between USPTO and Bahrain (Bilateral agreement under Global principles)	Request form (SB/20BH)
PPH between USPTO and Czech Republic	Request form (SB/20CZ)
PPH between USPTO and France (Bilateral agreement under Global principles)	Request form (SB/20FR)
PPH between USPTO and Mexico (Bilateral agreement under Global principles)	Request form (SB/20MX)
PPH between USPTO and Malaysia (Bilateral agreement under Global principles)	Request form (SB/20MY)
PPH between USPTO and Morocco (Bilateral agreement under Global principles)	Request form (SB/20MA)
PPH between USPTO and Nicaragua	Request form (SB/20NI)
PPH between USPTO and Philippines	Request form (SB/20PH)
PPH between USPTO and Romania (Bilateral agreement under global principles)	Request form (SB/20RO)
PPH between USPTO and Saudi Arabia (Bilateral agreement under global principles)	Request form (SB/20SA)
PPH between USPTO and Taiwan Intellectual Property Office	Request form (SB/20TW)

Notice announcing the Global PPH and IP5 PPH pilot programs

Notice announcing the Continuation of the Global PPH pilot program

Notice announcing the Continuation of the IP5 PPH pilot program

• Ensuring Balance in Examination: Update to Patent Prosecution Highway acceleration

  The USPTO has implemented an adjustment to the docketing of Patent Prosecution Highway (PPH) applications with a granted petition so that PPH first action pendency in a particular technology is approximately half the time of non-PPH applications.

  The PPH is an effective strategy for applicants to get IP rights faster in global markets by allowing applicants who receive a determination of allowable claims in an application from one Intellectual Property (IP) office to obtain expedited examination of corresponding claims filed in an application pending in another participating IP Office.  At the USPTO, PPH applications represent about 2% of filings with an average first action pendency around 7.5 months.  As the inventory of unexamined applications at the USPTO has increased, so too has the pendency times for non-PPH applications.  Specifically, pendency for non-PPH applications has grown from under 15 months in 2020 to over 22 months at present.  As a result, the expedited examination benefits of PPH applications have become disproportionate to non-PPH applications even in light of the fact that the volumes are low when compared with non-PPH applications.

  The new docketing approach implemented at the USPTO addresses this imbalance by aligning these timelines more proportionately based on technology area.  PPH applications will still get the benefit of expedited examination as part of the PPH program and as non-PPH pendency times improve at the USPTO, so too will PPH pendency times.  This change provides a more equitable examination for all applicants. 

  The USPTO is dedicated to sustaining the long-term value of the PPH by ensuring that is continues to operate effectively within a balanced examination system that benefits all applicants.

  Find answers to additional FAQs here.

• The USPTO and the Foreign Trade & Industrial Property Directorate of the Ministry of Industry and Commerce of the Kingdom of Bahrain (NPOB) have agreed to a new bilateral PPH pilot program under Global PPH principles, effective November 1, 2024 to October 31, 2027.
• The USPTO and the National Institute of Industrial Property (INPI) of France have agreed to extend their bilateral PPH pilot program under Global PPH principles for a 5-year period, through November 30, 2029.
• Effective July 6, 2024, the Brazilian National Institute of Industrial Property (INPI) will be participating in the Global PPH pilot program (GPPH), which will supersede the bilateral PPH pilot program between the USPTO and the INPI.
• The USPTO and the Moroccan Office of Industrial and Commercial Property (OMPIC) have agreed to a new bilateral PPH pilot program under Global PPH principles, effective April 1, 2023 until terminated.
• The USPTO and the Intellectual Property Corporation of Malaysia (MYIPO) have agreed to a new bilateral PPH pilot program under Global PPH principles, effective March 2, 2023 to March 1, 2026.
• At the IP5 Working Group 3 meeting in December 2022, the IP5 Offices agreed to a 3-year extension of the IP5 PPH pilot program, effective January 6, 2023 to January 5, 2026. Additionally, the European Patent Office (EPO) has announced that with respect to IP5 PPH requests filed in the EPO, the IP5 PPH pilot program has been extended permanently.
• The USPTO and the Saudi Authority for Intellectual Property of the Kingdom of Saudi Arabia (SAIP) have agreed to extend their bilateral PPH pilot program under Global PPH principles for a three-year period, through December 31, 2025.

PPH eXtra (PPH Improvement Initiative):

In order to improve the user experience under the PPH by making it easier for users to predict the timing of examination, the Offices listed below have set target deadlines for issuing office actions for PPH application. 

This improvement was first implemented by the USPTO and JPO on 01 January 2022 with other offices joining at later dates. The goals will be reviewed and updated, if needed, on an annual basis.

Participating Offices:

Japan Patent Office (JPO) - January 1, 2022.

United States Patent and Trademark Office (USPTO) - January 1, 2022.

Korean Intellectual Property Office (KIPO) - August 1, 2023.

China National Intellectual Property Administration (CNIPA) - April 11, 2024.

Austrian Patent Office (APO) - July 1, 2025.

Office Specific Targets:

Office Specific Results:

USPTO’s results 

CNIPA’s results [TBA]

JPO’s results

KIPO’s results [TBA]

Additional Links:

For USPTO:

• Joint Statement by USPTO and JPO on efforts to further improve the Patent Prosecution Highway | USPTO
• USPTO_JPO_further_improve_PPH_June_2023.pdf

For APO:

• PPH eXtra: Take the fast lane on the patent highway | Austrian Patent Office
• https://www.patentamt.at/en/patents/apply-for-patents/international-patents/pph-patent-prosecution-highway

 For CNIPA:

• China National Intellectual Property Administration Official Information CNIPA Announces Joining Patent Prosecution Highway Improvement Initiative

  For JPO:

• PPH Portal
• Patent Prosecution Highway (PPH)
• Joint Announcement

For KIPO:

• Korean Intellectual Property Office KIPO's Activities > International Affairs > Patent Prosecution Highway