Turning ideas into assets

PPH between Denmark and United States

The Patent Prosecution Highway (PPH) Agreement means that from 3 November 2008 you can request accelerated examination of your patent application:

  1. At Danish Patent and Trademark Office (DKPTO) if United States Patent and Trademark Office (USPTO) has already accepted the corresponding patent claims as patentable in the US.
  2. At United States Patent and Trademark Office (USPTO) if Danish Patent and Trademark Office (DKPTO) has already accepted the corresponding patent claims as patentable in Denmark.

Please note that it is not a prerequisite to using the PPH that the search and examination at the first patent office has reached the grant-of-patent stage. However, it is a prerequisite that the first patent office has found at least one of the corresponding patent claims to be patentable.

The PPH agreement with USPTO is a pilot program. After the first year's trial period, the USPTO and DKPTO agreed to extend the pilot in order to collect more information before any formal decision on the program is made. The Offices may terminate the PPH pilot program, if the volume of participation exceeds the manageable level or for any other reason.

The use of PPH by Danish companies is rising. In 2009, accelerated PPH processing were requested for approximately 25 % of the Danish patent applications continued at the USPTO.  

 

Accelerated PPH processing at DKPTO

Request for accelerated PPH processing at DKPTO can be made by following these guidelines.

You can also use this checklist if you want be sure that you enclose all the necessary documentation when requesting accelerated PPH processing at DKPTO. The completed checklist must be placed uppermost when you send your PPH request to us.

Request for accelerated PPH processing at DKPTO must contain the required documentation and be sent to:

Danish Patent and Trademark Office
Helgeshøj Allé 81
2630 Taastrup

E-mail request for PPH processing at DKPTO must be sent to pvs@dkpto.dk and must contain the required documentation.

Accelerated PPH processing at USPTO

Request for accelerated PPH processing at USPTO can be made by following these guidelines.
(It is estimated that use of the PPH will normally make it possible to obtain a first office action from USPTO within 3 to 5 months after USPTO received the request for PPH processing.)

Further information

For further information please contact:

- Chief Technical Adviser, Flemming Kønig Mejl
  (phone +45 43 50 8148 or e-mail: fsp@dkpto.dk) 

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