World Intellectual Property Organization

PCT NEWSLETTER

www.wipo.int/pct/en

September 2014 | No. 09/2014

 

PCT Patent Prosecution Highway (PCT-PPH) Pilots

New pilots start between the State Intellectual Property Office of the People’s Republic of China and the Icelandic Patent Office, the Intellectual Property Office (United Kingdom), the Israel Patent Office and the Swedish Patent and Registration Office

New two-way PCT-PPH pilot programs have started between the State Intellectual Property Office of the People’s Republic of China (SIPO) and the following Offices, on the dates indicated:

– the Israel Patent Office (ILPO) (1 August 2014)

– the Swedish Patent and Registration Office (PRV) (1 July 2014)

Under these pilots, faster examination in the national phase in one country is available on the basis of a PCT application with a positive written opinion from either the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA), or a positive international preliminary report on patentability (IPRP) (Chapter II) (that is, where at least one of the claims has been determined as patentable) issued by the Office of the other country in its capacity as ISA/IPEA.

Furthermore, new one way PCT-PPH pilot programs began on 1 July 2014, between SIPO and:

– the Icelandic Patent Office (IPO)

– the Intellectual Property Office (United Kingdom) (UKIPO)

Under these pilots, faster examination in the national phase in Iceland or the United Kingdom is available on the basis of a PCT application with a positive written opinion from either the ISA or the IPEA, or a positive international preliminary report on patentability (IPRP) (Chapter II) (that is, where at least one of the claims has been determined as patentable) issued by SIPO in its capacity as ISA/IPEA.

It is recalled that accelerated examination can also be requested at the UKIPO on the basis of positive PCT work products under the United Kingdom’s PCT (UK) Fast Track service, details of which can be found at:

http://www.ipo.gov.uk/p-pn-fasttrack1.htm

Further information on all of the PCT PPH agreements is available as follows:

ILPO and SIPO:

http://index.justice.gov.il/En/Units/ILPO/Departments/PCT/Pages/InternationalAgreementsPPH.aspx

http://www.sipo.gov.cn/zscqgz/2014/201406/t20140627_972290.html
(page in Chinese that contains links to documents in English)

http://index.justice.gov.il/Units/RashamHaptentim/Units/patent/Madrichim/Pages/PPH.aspx
(ILPO PPH website in Hebrew)

PRV and SIPO:

http://www.sipo.gov.cn/zscqgz/2014/201406/t20140627_972290.html
(page in Chinese that contains links to documents in English)

http://www.prv.se/en/IP-Professional/Patents/Patent-Prosecution-Highway-PPH-/

IPO and SIPO:

http://www.els.is/en/patents/pph--accelerated-examination/ and
http://www.els.is/media/2010/CN_IS-PCT-PPH-guidelines.pdf

http://www.sipo.gov.cn/zscqgz/2014/201406/t20140627_972290.html
(page in Chinese that contains links to documents in English)

UKIPO and SIPO:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/318641/Requesting_UK-China_PPH_Guidelines.pdf

http://www.sipo.gov.cn/zscqgz/2014/201406/t20140627_972290.html
(page in Chinese that contains links to documents in English)

The PCT-PPH page of the PCT website has been updated to include information on these new pilots at:

http://www.wipo.int/pct/en/filing/pct_pph.html

The new pilots add to the growing number of PPH agreements which utilize PCT work products. It is recalled that, as well as the PCT-PPH agreements that are included on the above mentioned PCT-PPH page, there are also multilateral agreements under the Global PPH pilot program (see PCT Newsletter Nos. 12/2013 and 01/2014) and the IP5 PPH pilot program (see PCT Newsletter No. 10/2013) which include PCT work products and which, between them, currently include 19 participating Offices. Furthermore, a large number of Offices have signed PPH agreements which do not include PCT work products – for further information, see the PPH Portal Web Site at:

http://www.jpo.go.jp/ppph-portal/index.htm

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