The US Patent and Trademark Office (USPTO) on Tuesday announced two new pilot
projects for the Patent Prosecution Highway (PPH), with the Canadian Intellectual
Property Office (CIPO) and the Korean Intellectual Property Office (KIPO).
The PPH leverages fast-track patent examination in each office to allow applicants
to obtain corresponding patents faster and more efficiently in each country.
It also will permit each office to benefit from work previously done by the
other office, in turn reducing examination workload and improving patent quality.
“Office-to-office cooperation is a cornerstone of efforts to manage workload,”
explained Under Secretary of Commerce for Intellectual Property and Director
of the USPTO, Jon Dudas.
“As it expands, the Patent Prosecution Highway network will increasingly
contribute to streamlining the global patent system and, in the process, allow
patent offices to achieve efficiency gains and higher patent quality by leveraging
each other’s work.”
Under the Patent Prosecution Highway, an applicant receiving a ruling from
either CIPO or KIPO that at least one claim in an application is patentable
may request that the USPTO fast track the examination of corresponding claims
in corresponding applications.
Similarly, if the USPTO determines that at least one claim is patentable, the
applicant may request accelerated processing of corresponding applications filed
at CIPO or KIPO.
The purpose of these trial programs is to gauge the interest of applicants
and determine if the program improves quality and efficiency and reduces the
workload at the USPTO as well as the Canadian and Korean Patent Offices.
The trial period started on Tuesday, and is set to expire January 28, 2009,
but may be extended for up to one year or terminated earlier depending on volume
of activity and other factors.
The USPTO has previously undertaken Patent Prosecution Highway programs with
the United Kingdom and Japan.