Notice – PCT-PPH (CIPO ISA/IPEA)
- PCT-PPH (CIPO ISA/IPEA) Pilot Project
- Trial Period for the PCT-PPH (CIPO ISA/IPEA) Pilot Project
- Further Information
The Patent Cooperation Treaty (PCT) - Patent Prosecution Highway (PPH) is an initiative currently being used by leading Intellectual Property Offices (IPOs) globally. The PCT-PPH (CIPO ISA/IPEA) provides a means of significantly accelerating examination of corresponding national phase patent applications where, among other criteria, the PCT work product is established by CIPO as the International Searching Authority (ISA) and/or the International Preliminary Examining Authority (IPEA), and the PCT work product identifies at least one claim as having novelty, inventive step and industrial applicability.
This initiative falls under CIPO's International Strategic Direction, as outlined in the CIPO Business Plan, contributing to the improvement of the worldwide IP system and benefiting Canadians through influencing international IP administrative policies and practices, and sharing and acquiring best practices.
II. PCT-PPH (CIPO ISA/IPEA) Pilot Project
The PCT-PPH (CIPO ISA/IPEA) enables an applicant to advance a national phase patent application out of routine order for examination at CIPO where at least one claim in a corresponding PCT application is deemed to have novelty, inventive step and industrial applicability in the international phase. The corresponding CIPO application must have entered national phase on or after January 31, 2011.
As the claims of the corresponding national phase patent application must correspond to those deemed to have novelty, inventive step and industrial applicability in the international phase, it is expected that the project will improve examination efficiency. Please note that each Canadian patent application will be examined in accordance with the Canadian Patent Act and Patent Rules and CIPO's Patent Office Practice.
Please consult the requirements and procedures for filing a request to CIPO for participation in the PCT-PPH (CIPO ISA/IPEA) pilot program.
III. Trial Period for the PCT-PPH (CIPO ISA/IPEA) Pilot Project
The PCT-PPH (CIPO ISA/IPEA) project will commence on January 31, 2011, for a period of 2 years. If necessary, the trial period may be extended to adequately assess the feasibility of the project. CIPO will evaluate the results of the pilot project to determine whether the project should be fully implemented after the trial period. The Office may also terminate the PCT-PPH (CIPO ISA/IPEA) pilot project early if the volume of participation exceeds manageable level, or for any other reason. Notice will be published if the PCT-PPH (CIPO ISA/IPEA) pilot project is terminated before the identified end date.
During the pilot, CIPO will process PCT-PPH (CIPO ISA/IPEA) requests for advanced prosecution free of charge. CIPO will evaluate what, if any, fees should apply for this service if it later becomes indeterminate. Regular fees (Schedule II of the Patent Rules) for requesting examination will continue to apply during the project.
PPH network offices have agreed to publish statistical data on the PPH portal site, a web page that compiles PPH-related information from all participating offices. The statistical data includes: the number of PPH requests, the pendency of PPH applications, the grant rate of PPH applications, and the top ten PPH applicants. The information will assist in measuring the efficiency gains derived from the PPH. A link to the PPH portal site can be found on CIPO's PPH web page.
For more information on the PCT-PPH (CIPO ISA/IPEA) pilot project, please email the PPH Project Manager or call the CIPO Client Service Center at 819-934-0544 or toll-free at 1-866-997-1936.