| Patent Prosecution Highway |
Referenced Items (198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214) |
(201) Patent Prosecution Highway (PPH) Pilot Program Between
the United States Patent and Trademark Office and the
Eurasian Patent Office of the Eurasian Patent Organization
I. Background
Beginning in July 2006, the United States Patent and Trademark Office
(USPTO) has partnered with several other 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 Eurasian Patent Office
of the Eurasian Patent Organization (EAPO), the USPTO will implement a PPH
pilot program with the EAPO. The EAPO 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 EAPO 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 EAPO
The PPH pilot program will commence on January 1, 2018, and will run for
a period of three years ending on December 31, 2020. The trial period may
be extended if necessary to adequately assess the feasibility of the PPH
program. Both offices will continually evaluate the results of the PPH
pilot program to determine whether and how the 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 extended or terminated.
Unless the EAPO 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 EAPO in the USPTO
Any request to participate in a PPH program in the USPTO based on EAPO
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 also will be subject to any modifications to the
requirements and procedures of the Global/IP5 PPH pilot program. A request
form (Form PTO/SB/20EA) is available from the USPTO Web site at
http://www.uspto.gov/patents/init_events/pph/.
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.
December 6, 2017 JOSEPH MATAL
Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1446 OG 52]
Top of Notices (201) December 25, 2018