Turning ideas into assets

Patent Prosecution Highways

Patent Prosecution Highways (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), whichtent applicants can use to request a speedier processing of their patent applications.

The DKPTO has until now opened PPH Pilot Projects with The United States Patent and Trademark Office (USPTO), The Japan Patent Office (JPO) and The Korean Intellectual Property Office (KIPO) and the Canadian Intellectual Property Office. Following a trial period, we will assess whether similar PPH projects should be opened with other patent offices and if the existing PPH Pilot Projects should be made permanent.

See more information about and the guidelines for using our Patent Prosecution Highways with:

A good overview of all the PPH projects on a global scale, including the various guidelines, brochures, application forms, statistical material etc, can be obtained from the common PPH website offered by the patent offices participating in PPH.

Danish companies' use of PPH is rising. In 2009, accelerated PPH processing were requested in approximately 25 % of the cases where Danish patent applications were continued at the USPTO. 

 

What is the Patent Prosecution Highway (PPH)?

A PPH is a bilateral agreement between the patent offices in two countries. A PPH agreement means that patent applicants can request an accelerated processing of his/her patent application at the patent office of second filing (OSF), when the patent office of first filing (OFF) has already found corresponding patent claims allowable.

A PPH establishes a process whereby the OSF makes use of the work already carried out by the OFF in relation to the same invention. This means that the OSF 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 at the OSF. It is noted that the OSF is not compelled to follow the opinion of the OFF. The OSF always has the solely responsibility for its grant of patents rights.

The PPH offers patent applicants a considerably accelerated search and examination process. In addition, use of the PPH will generally save resources for the applicants, as the correspondence with the OSF can be expected to be less extensive than usual. In addition, the efficiency and quality of the search and examination at the OSF will improve.

PPH is a voluntary option for patent applicants.

The background for the PPH

Globalisation has increased companies’ need to take out patents for the same invention in many countries. As a result, the various patent offices have experienced 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 process and the need for better cooperation among patent offices to ensure efficiency and quality in the search and examination.

At present, the following patent offices have established one or more PPH agreements: Australia, Austria, Canada, Denmark, the European Patent Office, Finland, Germany Hungary, Japan, Korea, , Russia, Singapore, UK and the US.

Streamlining of the various PPH agreements.

The DKPTO takes active part in the efforts to streamline the requirements for use of the PPH agreements between the various patent offices. The DKPTO and The JPO thus co-hosted the first international meeting about the streamlining of the requirements for using the PPH agreements. The meeting was held on 19 – 20 February 2009 at DKPTO’s premises and with participation of the patent offices which currently participate in the PPH programs. The first day’s meeting was a working group meeting, whereas the second day’s meeting was at Heads of Offices-level. At the meeting there was general agreement about that the PPH has resulted in a speedier processing of patent applications and that the work from the first offices in the PPH procedure provided useful information which helped to reduce the work load at the second offices and to build confidence in other offices work. The users are showing great interest in the PPH and the number of requests for PPH processing is growing exponentially. At the meeting, the importance of a good interaction between the PCT system and the PPH was emphasized. Likewise, the importance of being transparent about the PPH work was also stressed. The meeting was very successful with one of the main outcomes being a list of PPH requirements to be streamlined. Further information about the outcome of the meeting is available in the two co-hosts’ summary of the meeting.

The February meeting at DKPTO was followed by a working group meeting in Tokyo in May 2009. On the agenda was streamlining of the offices’ requirements for use of the PPH and creation of a common website with information about PPH. The results of the meeting will be submitted to the Heads of Offices for decision at their next meeting. 

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) 

- Chief Legal Adviser, Barbara Suhr-Jessen
  (phone +45 43 50 84 33 or e-mail: bej@dkpto.dk)