Patent Prosecution Highway (PPH)

The Norwegian Industrial Property Office (NIPO) has entered into agreements with both the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO), to implement pilot programmes for the Patent Prosecution Highway (PPH). Both agreements lasts indefinitely.

Patent Prosecution Highway (PPH)

What is the PPH?

PPH provides an accelerated examination of a patent application, when another patent authority has already carried out a patentability assessment for the same invention.

A PPH agreement is a bilateral agreement between two patent authorities allowing the reuse of search and examination results.

A PPH agreement allows a patent applicant to request an accelerated examination of the application, if a favourable report has already been received for corresponding claims from a previous patent authority. The second authority may then reuse these search and examination results. This enables the second authority to carry out a faster examination of the application because the process can start at a more informed level than is otherwise the case. An independent national examination will however still be carried out according to national legislation and practice.

PPH is voluntary for patent applicants. No fee is charged.

Benefits of using the PPH system

The PPH speeds up the examination process, enabling it to start at a more informed level than is otherwise the case. Nor is it necessary for the patent authority to enter into so much correspondence with the applicant, which again leads to lower costs. A PPH ensures greater predictability concerning the outcome of the application, and a decision can be reached faster.

For patent authorities PPH means less duplication of work and more effective examination procedures. It also contributes to improving the quality of patentability assessments and reducing the backlog of patent applications.

Background

Due to increased globalisation, there is a growing need for applicants to be able to apply for a patent for the same invention in several countries at the same time. This means that patent authorities all over the world often carry out parallel examinations.

PPH was established to meet the applicant’s need for an accelerated examination process, while at the same time enabling patent authorities to cooperate with each other to ensure the quality and effectiveness of examination procedures.

American flagRead more about the PPH agreement with the USPTO

 

Japanese flagRead more about the PPH agreement with the JPO

 

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