| Patent Prosecution Highway |
Referenced Items (181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198) |
(192) Patent Prosecution Highway Pilot Program between the
United States Patent and Trademark Office and the
Intellectual Property Office of the
Philippines 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 pilot program, the USPTO
recently implemented a new PPH pilot program with our Trilateral partners
(the European Patent Office and the Japan Patent Office), the Korean
Intellectual Property Office, the Austrian Patent Office, the Federal
Service on Intellectual Property, Patents & Trademarks, the Spanish Patent
and Trademark Office, IP Australia, the National Board of Patents and
Registration of Finland, the Swedish Patent and Registration Office, the
Nordic Patent Institute, and the State Intellectual Property Office of the
People's Republic of China based on Patent Cooperation Treaty (PCT) work
products (PCT-PPH pilot program). The USPTO had discussions with the
Intellectual Property Office of the Philippines (IPOPH) to launch a PCT-PPH
pilot program based in part on the PCT-PPH pilot programs identified above.
The USPTO and the IPOPH 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 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 IPOPH. The
procedures and requirements for filing a request in the IPOPH for
participation in the PCT-PPH pilot program were made available on
January 29, 2013, from the IPOPH Web site at: http://www.ipophil.gov.ph/.
III. Trial Period for the PCT-PPH Pilot Program
USPTO and IPOPH agreed to commence the PCT-PPH pilot program on
January 29, 2013, for a period of one year ending on January 28, 2014.
The trial period may be extended if necessary until the IPOPH receives a
sufficient number of PCT-PPH requests to adequately assess the feasibility
of the PCT-PPH pilot program. The USPTO and the IPOPH may also terminate
the PCT-PPH pilot program early if the volume of participation exceeds a
 Top of Notices (192) December 29, 2015 |
US PATENT AND TRADEMARK OFFICE |
1421 CNOG 735 |
manageable level, or for any other reason. 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.
March 5, 2013 TERESA STANEK REA
Acting Under Secretary of Commerce for Intellectual Property and
Acting Director of the United States Patent and Trademark Office
[1389 OG 50]