Posts Tagged: "PCT-PPH"

PPH at the USPTO: Following the Patent Prosecution Highway for a Smooth Ride

If you qualify for participation in the PPH it makes great sense to attempt to get into the program. Not only will your application move from wherever it is in the prosecution cycle to the front of the line, but the allowance rate for PPH applications is extremely high. The allowance rate for applications that entered the PPH were 84%, which compared to 53% for non-PPH applications. This spread in allowance rates is not coincidental. Because the U.S. patent examiner can leverage the work done by another examiner that has already allowed claims it would seem entirely logical to expect a very high allowance rate in the PPH.

AUTM Meeting: Cost-Effective International Patenting Strategies

The university panelists then discussed IP portfolio strategy and their recommendations for evaluating international patenting, as well as their tips for keeping costs down. Susanne Hollinger advised TTOs against applying blanket rules to their international patenting decisions, such as “we only file if we have a licensee.” International filing has been an important part of Emory’s strategy, as more than half of their royalty money comes from technologies filed internationally, and they make international filing decisions on a case-by-case basis.

USPTO Announces More PPH Agreements, China and Iceland

The USPTO always also points out that PPH agreements increase patent quality. That is likely true, but probably not as directly as you might expect. As far as I can tell the benefit to quality comes as the result of primarily three things. First, it takes less time to examine a patent application that has arrived to the Office of Second Filing (OSF) because allowable matter has already been identified somewhere else, which substantially focuses the prosecution of these applications. Second, by requiring less time on some applications there will be more time for other applications, at least in theory. Finally, there is no doubt a self-selection that goes on from the applicants side, which means better patent applications, and the overwhelming number of those using the PPH accept the claims they get and do not circle back for more claims, or broader claims, with supplemental filings.

Trilateral Patent Offices Step Closer on Patent Harmonization

In view of the growing need for innovator companies to obtain patent protection in multiple Patent Office around the world simultaneously, leaders of the most heavily used patent regimes continue to seek ways to streamline the process and engage in work sharing. Heads of the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO) – collectively known as the Trilateral Offices – pushed forward earlier this week with efforts to further harmonize global patent systems. The Trilateral Offices agreed on steps to enhance efficiency in patent-related procedures.

USPTO and SIPO Launch Two New PPH Pilot Programs

Under the Paris Route PPH pilot program, an Office of Second Filing (OSF) may utilize the search and examination results of a national application filed in the Office of First Filing (OFF) in a corresponding application filed under the Paris Convention in the OSF. The PCT-PPH pilot program will use positive international written opinions and international preliminary examination reports developed within the framework of the Patent Cooperation Treaty.