Report on the PPH Pilot Program between the CIPO and the USPTO for the trial period of January 28, 2008 to January 31, 2009 - 4 of 7
4.0 Applicant Feedback
The nationality of the individual applicants/companies filing the PPH requests at CIPO is :
- Canada: 17%
- U.S.A.: 73%
- Other: 10% (Japan 0%)
By way of comparison, in 2006-07, Canadian applicants made up 13% of all patent applications filed at CIPO, while U.S. applicants comprised 48% of all patent applications filed in Canada during the same period.
Questionnaires have been sent to the participants, but so far CIPO has only received back eight completed questionnaires from the PPH participants. Informal feedback at the patent Joint Liaison Committee (JLC) has been positive by those members who have used the mechanism.
The feedback comments include:
- All participants would participate in the PPH again because of the speed of prosecution and because there is no extra fee associated with the service.
- Filing requirements – CIPO requirements should be the same as USPTO filing requirements (include PCT with no priority): this would open it up more for Canadian applicants.
- Filing requirements – should be open to all applications that have allowed claims in the US; origin of OFF/OSF shouldn't matter.
- Fees – no fees should be charged because it appears to be less substantive examination for the office.
- Fees – if a similar fee to a special order is charged, a special order process would be elected because there would be less paper work and possibly broader claims.
- Fees – no fees should be charged; rather, the process should be similar to that of IP-Australia (National - Modified Examination).