| Patent Prosecution Highway |
Referenced Items (235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246) |
(238) Patent Prosecution Highway Pilot Program
Between the United States Patent and Trademark Office and the
National Institute of Industrial Property of France
I. Background
Since 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 to reuse the search and examination results from the office of
earlier examination, thereby reducing the 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 bilateral 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 National Institute of
Industrial Property of France (INPI), the USPTO will implement a PPH pilot
program with the INPI, whereby a PPH request may be submitted in the USPTO
based on a patent application that was filed in the INPI on or after
May 22, 2020. 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 with the INPI will commence on December 1, 2021,
and will run for three years, ending on November 30, 2024. The trial period
may be extended upon mutual written decision by the offices. During the
trial period, the offices intend to continually 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. Notice will be
published if the PPH pilot program will be extended or 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 in the USPTO based on eligible
INPI work product
Any request to participate in a PPH program in the USPTO based on
eligible INPI work product (i.e., a patent application filed in the INPI on
or after May 22, 2020) 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 requirements and procedures of the Global/IP5 PPH
pilot program. A participation request form (Form PTO/SB/20FR) is available
from the USPTO website at www.uspto.gov/patents/basics/international-
protection/patent-prosecution-highway-pph-fast-track.
 Top of Notices (238) December 26, 2023 |
US PATENT AND TRADEMARK OFFICE |
1517 CNOG 863 |
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 should be directed to the Office of
Petitions at 571-272-3282 or PPHfeedback@uspto.gov.
November 26, 2021 ANDREW HIRSHFELD
Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1493 OG 657]