 Top of Notices (190) December 31, 2013 |
US PATENT AND TRADEMARK OFFICE | Print This Notice 1397 CNOG 741 |
| Patent Prosecution Highway | Referenced Items (176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267) |
(190) Patent Prosecution Highway Pilot Program between the
United States Patent and Trademark Office and the
Portugal National Institute of Industrial Property based on
Patent Cooperation Treaty Work Products
I. Background
Since 2006, the United States Patent and Trademark Office (USPTO) has
established Patent Prosecution Highway (PPH) pilot programs with several
offices. In general, such PPH pilot programs permit an applicant who
receives a determination from one office that at least one claim is
allowable or patentable to request that a corresponding application in
another office be accorded special status and advanced out of turn for
examination. These PPH pilot programs are limited to the utilization of
search and examination results of national applications between cross
filings under the Paris Convention.
In order to expand the potential of the PPH program, the USPTO
implemented new PPH pilot programs with various offices based on Patent
Cooperation Treaty (PCT) work products. The USPTO had discussions with the
Portugal National Institute of Industrial Property (INPI-PT) to launch a
PPH pilot program based on PCT work products (PCT-PPH pilot program)
similar to the established PCT-PPH pilot programs mentioned above. The
USPTO and the INPI-PT agreed that consistency between PCT-PPH pilot
programs should be maintained to the extent possible, to avoid creating
burdens on applicants and offices, and to ensure maximum work-sharing
potential.
II. PCT-PPH Pilot Program
The PCT-PPH pilot program was established to enable an applicant, who
has received:
(1) a Written Opinion from the United States International Searching
Authority, or
(2) a Written Opinion from the United States International
Preliminary Examining Authority, or
(3) an International Preliminary Examination Report from the United
States International Preliminary Examining Authority,
that indicates that at least one claim in the PCT application has novelty,
inventive step and industrial applicability, to file a request to
participate in the PCT-PPH pilot program and request accelerated
examination for the corresponding application filed with the INPI-PT. The
procedures and requirements for filing a request in the INPI-PT for
participation in the PCT-PPH pilot program were made available on January
29, 2013, from the INPI-PT Web site at: http://www.marcasepatentes.pt/.
III. Trial Period for the PCT-PPH Pilot Program
The USPTO and the INPI-PT agreed that the PCT-PPH pilot program will
commence on January 29, 2013, for a period of one year ending on January
28, 2014. The trial period may be extended if necessary to adequately
assess the feasibility of the PCT-PPH pilot program. The USPTO and the
INPI-PT may also terminate the PCT-PPH pilot program early if the volume of
participation exceeds a manageable level, or for any other reasons. Notice
will be published if the PCT-PPH pilot program will be terminated before
January 28, 2014.
Any inquiries concerning this notice may be directed to Bryan Lin,
Office of PCT Legal Administration at 571-272-3303, or via e-mail addressed
to bryan.lin@uspto.gov.
Specific questions about the Patent Prosecution Highway should be
directed to the Office of Petitions at 571-272-3282, or via e-mail
addressed to PPHfeedback@uspto.gov.
February 12, 2013 TERESA STANEK REA
Acting Under Secretary of Commerce for Intellectual Property and
Acting Director of the United States Patent and TrademarkOffice
[1388 OG 154]