| Patent Prosecution Highway |
Referenced Items (235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246) |
(236) Patent Prosecution Highway Pilot Program
Between the United States Patent and Trademark Office and the
Intellectual Property Corporation of Malaysia
I. Background
Since July 2006, the United States Patent and Trademark Office (USPTO)
has partnered with several other offices in the Patent Prosecution Highway
(PPH) programs. The PPH program is a work-sharing arrangement between two
or more patent offices that 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. Therefore, the PPH program allows the applicant to obtain an
expedited patentability decision in the second office. The examiner in the
office of later examination is able to utilize and augment the search and
examination results from the office of earlier examination. This allows for
a more comprehensive review and reduced duplication of effort. The PPH
program promotes the USPTO's goal of providing high-quality and timely
examination of patent applications by facilitating an expedited and
thorough examination.
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 bilateral PPH programs. The Global/IP5 PPH pilot programs
streamlined and simplified the PPH program 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).
To further its mission of fostering innovation and growth worldwide, the
USPTO continually seeks new partners to share in the benefits afforded by
the PPH program. Following discussions between the USPTO and the
Intellectual Property Corporation of Malaysia (MyIPO), the USPTO will
implement a PPH pilot program with the MyIPO. Malaysia is one of the major
economies in the Association of Southeast Asian Nations region, and this
pilot program will facilitate patenting by U.S. interests in that country.
The MyIPO is not currently a Global/IP5 PPH program participating office
and is partnering with the USPTO in the PPH program on a bilateral basis.
However, a PPH program request submitted at the USPTO, based on a MyIPO
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 MYIPO
The PPH pilot program with the MyIPO will commence on March 2, 2023, and
will run for a period of three years ending on March 1, 2026. The trial
period may be extended upon mutual written decision by the offices. During
the trial period, the offices intend to evaluate the PPH pilot program to
determine whether and how the program should be modified. Either office may
terminate the PPH pilot program early for any reason, including if the
volume of participation exceeds a manageable level. A notice will be
published if the PPH pilot program will be extended or terminated. Any
extension or termination of the Global/IP5 PPH program will have no effect
on this PPH pilot program, unless the MyIPO becomes a Global PPH
participating office.
III. Participation in the PPH Pilot Program with the MYIPO in the USPTO
Any request to participate in a PPH program at the USPTO, based on a
MyIPO work product, is subject to the same requirements and procedures as,
and will receive treatment equivalent 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
 Top of Notices (236) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 860 |
requirements and procedures of the Global/IP5 PPH pilot program. A
participation request form (Form PTO/SB/20MY) is available from the USPTO
website at www.uspto.gov/PPH.
Any inquiries concerning this notice may be directed to Bryan Lin,
International Patent Legal Administration, at (571) 272-3303 or
bryan.lin@uspto.gov.
Specific questions about the PPH program should be directed to the
Office of Petitions at (571) 272-3282 or PPHfeedback@uspto.gov.
February 14, 2023 KATHERINE K. VIDAL
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1507 OG 111]