Industrial Property Office

Cooperation program between the USPTO and the IPO - Patent Prosecution Highway (PPH)


Continuation of Patent Prosecution Highway Pilot Programs between the United States Patent and Trademark Office and the Industrial Property Office of the Czech Republic

The trial period, which started on 01 October 2012 and was set to expire on 30 September 2013, has been extended indefinitely. See IPO Bulletin 39-2013 CZ (September 25, 2013).


Industrial Property Office of the Czech Republic launched a cooperation project called Patent Prosecution Highway (PPH) with the Patent and Trademark Office of the United States (USPTO).
PPH project enables the exchange of information between Patent Offices and thus speeding up of patent procedure. Under this program, the Czech applicant will be able to request accelerated procedure before the USPTO, if the claims in the corresponding application, filed with the USPTO, have been determined by the Industrial Property Office of the Czech Republic as patentable.

Agreement on this pilot program of cooperation between the USPTO and the IPO shall enter into force on  1 October  2012.

What is PPH?
Generally, the Patent Prosecution Highway (PPH) is a bilateral agreement between two national Offices dealing with the intellectual property protection. It offers applicants accelerated patent examination, and thus  opportunity to obtain the appropriate patent faster and more efficiently. It is based on using the work already carried out by other Office.

PPH pilot programs will allow the applicant who receives a decision from one Office that at least one claim is allowable / patentable to request that the corresponding application is granted a special status in the other Office and to have it advanced out of turn for examination. PPH pilot programs are limited to the use of search and examination results of national applications between cross filings within the Paris Convention.

Use of the PPH is the choice of the applicant. It should also be borne in mind that the Office of second filing (OSF), which has been asked for accelerated procedure on the basis of PPH, is not obliged to accept the opinion on patentability issued by the Office of first filing (OFF), and that the responsibility for determining patentability of the claimed invention lies always with the Office competent  for granting  protection in the given country.

Industrial Property Office of the Czech Republic  carries out a full examination and  evaluation of the conditions of patentability of technical solutions in accordance with the laws and regulations applicable in the Czech Republic.

Information for CZ applicants  - proceedings before the USPTO
Text of the PPH pilot program between the USPTO and the IPO, and the text of application for inclusion in the PPH:
http://www.uspto.gov/patents/init_events/pph/index.jsp
Working translation of the text of the agreement in Czech  (pdf, 94 kB)

Information for applicants from US - proceedings before the IPO
Text of the PPH pilot program between the USPTO and the IPO
       in Czech (pdf, 2,7 MB)
       in English (pdf, 2,88 MB)

Separate Annex 1 - Examples of the claims correspondence
       in Czech (pdf, 45,5 kB)
       in English (pdf, 12 kB)
 
Separate Annex  2 - Request for PPH  and table of the claims correspondence
       in Czech (pdf, 131 kB)
       in English (pdf, 14 kB)

Separate Annex 3 - Examples of IPO-CZ applications eligible for the PPH
      in Czech (pdf, 234 kB)
      in English (pdf, 206 kB)
 
Supplement to the PPH pilot program between the USPTO and the IPO: PCT-PPH Pilot Program (pdf, 6 kB)

Information on PPH projects of the European Patent Office
Industrial Property Office reminds that the USPTO has concluded a PPH  agreement with the European Patent Office (EPO) as well,  so the applicant from the Czech Republic, who receives a written opinion or an international preliminary examination report from the EPO as an International Search Authority and International Preliminary Examination  Authority may also file the request for participation in the PCT-PPH between the USPTO and the EPO under the above conditions.

A similar agreement is concluded between the EPO and the Japanese Patent Office

http://www.epo.org/law-practice/legal-texts/official-journal/information-epo/archive/20100125b.html

 

Last modified on – 2013-10-07 14:04