Patent Prosecution Highways (PPH)
The PPH is an initiative that allows you to choose a much speedier processing of your patent application if another Patent Office has already performed a search and examination for the same invention.
The Danish Patent and Trademark Office (DKPTO) takes part in the bilateral co-operation about the so-called Patent Prosecution Highways (PPH), whereby patent applicants can request a speedier processing of their patent applications.
The DKPTO has opened PPH Pilot Projects with the United States Patent and Trademark Office and with the Japan Patent Office. Another PPH Pilot Project with the Korean Intellectual Property Office will open on 1 March 2009. Following a trial period, we will assess whether the demand level for speeding up the patent application process is a positive indicator for setting up similar PPH projects with other Patent Offices and for extending the existing PPH Pilot Projects to permanent PPH agreements.
See more information and the guidelines to using the Patent Prosecution Highways with:
What is the Patent Prosecution Highway (PPH)?
The PPH is a bilateral agreement between the patent offices of two countries. The PPH agreement means that patent applicants can request an accelerated processing of his/her patent application at one Patent Office when the other Patent Office has already found corresponding patent claims to be patentable.
The PPH establishes a process whereby the Patent Office of second filing makes use of the work already carried out by the Patent Office of first filing on the same invention. This means that the Patent Office of second filing can process the patent application quicker because the examination process begins at a more informed level. This also means that the quality of the search and examination is improved. It is noted that the Patent Office of second filing is not compelled to accept the opinion of the Patent Office of first filing and that the Patent Office of second filing is always solely responsible for its granting of patents rights.
The PPH offers the patent applicants a substantially accelerated search and examination. The PPH is also expected to lead to a reduction in resources for the applicants as correspondence with the Patent Office of second filing is expected to be less extensive than usual. In addition the efficiency and quality of the Patent Offices' processing of patent applications will be improved.
PPH is a voluntary option for patent applicants.
The background for the PPH
Globalisation has heightened the need for companies to take out patents for the same invention in many countries. As a result, in Patent Offices all over the world, there has been a significant increase in duplicate search and examinations of patent applications for a single invention.
The PPH is an initiative created to meet the companies' need for a speedier search and examination and its requirement that Patent Offices work more together to ensure efficiency and quality throughout the processing of patent applications.
At present, the following patent offices have established one or more PPH agreements: Japan, USA, Germany, UK, Australia, Canada, Korea, Denmark and the European Patent Office.
Further information
For further information please contact:
- Chief Technical Adviser, Flemming Kønig Mejl
(phone +45 43 50 81 48 or e-mail: fsp@dkpto.dk)
- Special Legal Adviser, Barbara Suhr-Jessen
(phone +45 43 50 84 33 or e-mail: bej@dkpto.dk)
Last update: 30 October 2008
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