Speedier grant of European patents
The European Patent Office (EPO) and the Japanese Patent Office (JPO) have begun a
collaborative fast-track examination procedure, called the Patent Prosecution Highway
(PPH) program. As reported in earlier editions of the Newsletter, similar PPH
arrangements exist between other national patent offices, in particular between the UK,
Japanese and US offices. The EPO/JPO program is running on a trial basis from 29 January
2010 to 28 January 2012. The program can allow European patent applications to be
examined more quickly when there is already a determination from the JPO that claims
directed to the same invention are patentable, and vice versa. This should lead to patents
being issued more quickly by those offices.
Meanwhile, the existing PPH trial between the EPO and the US Patent and Trademark
Office (USPTO) has been extended to run until 30 September 2010.
A new PCT based PPH pilot program has also been announced. This allows the work carried out by any one of the EPO, JPO or USPTO as the International search or examination authority to be utilised in subsequent national examination before one of these three offices, provided that this work had determined one or more claims to be allowable. Again, the applications under this PPH scheme will be fast-tracked. The PCT based PPH pilot program commenced on 29 January 2010 and is due to run until 28 January 2012.
If you would like to discuss whether any of your patent applications are eligible for any
of the PPH programs please contact your usual patent attorney.
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