| Patent Prosecution Highway |
Referenced Items (192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204) |
(195) Patent Prosecution Highway (PPH) Pilot Program
Between the United States Patent and Trademark Office
and the Brazilian National Institute of Industrial Property
I. Background
Since July 2006, the United States Patent and Trademark Office (USPTO)
has partnered with several offices in Patent Prosecution Highway (PPH)
programs. The PPH enables an applicant who receives a positive ruling on
patent claims from one participating office to request accelerated
prosecution of corresponding claims in another participating office, which
allows the applicant to obtain a patentability decision in the second
office more quickly. Furthermore, the PPH promotes patent application
processing efficiency by allowing the examiner in the office of later
examination (OLE) to reuse the search and examination results from the
office of earlier examination (OEE), thereby reducing workload and
duplication of effort.
On January 6, 2014, the USPTO began participating in the Global PPH and
IP5 PPH ("Global/IP5 PPH") pilot programs, which consolidated and replaced
numerous earlier PPH programs, thereby streamlining and simplifying the PPH
process for both applicants and Global/IP5 PPH participating offices. See
Implementation of the Global and IP5 Patent Prosecution Highway (PPH) Pilot
Programs with Participating Offices, 1400 OFF. GAZ. PAT. OFFICE 172 (March
18, 2014).
Following discussions between the USPTO and the Brazilian National
Institute of Industrial Property (INPI), the USPTO will implement a PPH
pilot program with the INPI. The INPI is not currently a Global/IP5 PPH
participating office and is partnering with the USPTO in the PPH on a
bilateral basis only. However, a PPH request submitted in the USPTO based
on INPI work product will be treated under the published Global/IP5 PPH
standards as discussed in Section III below.
II. Trial Period for the PPH Pilot Program with the INPI
The PPH pilot program will commence on January 11, 2016, and will run
for a period of two (2) years ending on January 10, 2018, or until each
office has accepted 150 applications under the program. The trial period
may be extended if necessary to adequately assess the feasibility of the
PPH program. Both offices will evaluate the PPH pilot program at the end of
the trial period or after all the applications accepted into the program
have been processed. Both offices continually will monitor progress of the
PPH pilot program and also may evaluate interim results of the pilot
program at any time during the trial period to determine whether and how
the pilot program should be modified. The offices also may terminate the
PPH pilot program early if the volume of participation exceeds a manageable
level, or for any other reason. Notice will be published if the PPH pilot
program will be terminated. Unless the INPI becomes a Global PPH
participating office, any extension or termination of the Global/IP5 PPH
program will have no effect on this PPH pilot program.
III. Participation in the PPH Pilot Program with the INPI in the USPTO
Any request to participate in a PPH program in the USPTO based on INPI
work product is subject to the same requirements and procedures as, and
will receive equivalent treatment to, a request made under the Global/IP5
PPH pilot program as set forth in the following notice: Implementation of
the Global and IP5 Patent Prosecution Highway (PPH) Pilot Programs with
Participating Offices, 1400 OFF. GAZ. PAT. OFFICE 172 (March 18, 2014).
This PPH pilot program will also be subject to any modifications to the
requirements and procedures of the Global/IP5 PPH pilot program. A request
form (Form PTO/SB/20BR) is available from the USPTO Web site at
http://www.uspto.gov/patents/init_events/pph/.
 Top of Notices (195) December 26, 2017 |
US PATENT AND TRADEMARK OFFICE |
1445 CNOG 754 |
Any inquiries concerning this notice may be directed to Bryan Lin,
International Patent 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.
January 4, 2016 MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1423 OG 52]