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Patent Prosecution Highway PPH

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Patent Prosecution Highway PPH

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    1. 1 Patent Prosecution Highway (PPH)

    2. 2 Background

    3. 3 PPH: Fast Track Examination of Applications What is PPH? When claims are determined to be allowable in the Office of First Filing (OFF), a corresponding application filed in the Office of Second Filing (OSF) may be advanced out of turn. What is the Purpose of PPH? OSF can utilize the search and examination results of the OFF thereby avoiding duplication of work and expediting the examination process in the OSF.

    4. 4

    5. 5 What Are the Benefits of PPH? PPH Benefits for Offices Avoid redundant work by reuse of OFF work product Claims reduced in number and narrowed in focus to what was previously allowed Reduced Pendency

    6. 6 PPH Requirements Claim Correspondence All claims in each U.S. application must “sufficiently correspond” to the allowable claims in the application in the OFF.

    7. 7 PPH Requirements (cont’d) Qualifying Applications Current PPH Programs, generally speaking Paris priority applications PCT Bridge filings Certain non-binding work product e.g. EPO’s EESR Future PCT-PPH Pilot PCT-PPH pilot among the Trilateral Offices Positive international search reports, written opinions, and international preliminary examination reports

    8. 8 Current PPH Programs PPH Pilot to Full implementation Japan (JPO) Effective on January 4, 2008 Korea (KIPO) Effective on January 29, 2009

    9. 9 Current and Planned PPH Programs JPO (full production 2008) KIPO (full production 2009) Australia (IPAU) Canada (CIPO) Denmark (DKPTO) European Patent Office (EPO) Finland (NBPR) Germany (DPMA) Singapore (IPOS) United Kingdom (UK IPO) Trilateral PCT-PPH (January 2010) Rospatent (in discussions) Hungary (in discussions) Spain (in discussions)

    10. 10 PPH Stats

    11. 11 PPH Statistics

    12. 12 PPH Stats

    13. 13 Important PPH Metrics* Average First Action (FA) Pendency from Grant of PPH Request Non-PPH 25 months (from filing date of application to FA) PPH 2-3 months (from grant of PPH request** to FA) Overall Allowance Rate PPH cases: 91% Non-PPH cases: 44% Actions per disposal PPH cases: 1.7 Non-PPH cases: 2.7

    14. 14 Future Plans USPTO Action Plan to enhance PPH: define target numerical goals and develop global strategy to reach those goals • Align PCT with PPH via the Trilateral pilot program Conduct PPH awareness campaigns, internationally and domestically Plurilateral PPH Cooperation Streamline procedures Share best practices and statistics Provide users with one stop access to information

    15. 15 The Expanding PPH Network

    16. 16 Thank you

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