ARCHIVED — Broader Accessibility to Patent Prosecution Highway Agreements
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As part of a one-year pilot project, the Canadian Intellectual Property Office (CIPO) will broaden accessibility to its Patent Prosecution Highway (PPH) agreements in order to increase the number of eligible applications. Effective July 15, 2011, a PPH request can be made regardless of where an application is first filed for the PPH agreements with the intellectual property offices of Finland (NBPR), Japan (JPO), Spain (SPTO) and the United States (USPTO). Importantly, the project will address the needs of CIPO’s clients, who have suggested such improvements to the PPH framework.
These initiatives allow applicants to obtain corresponding patents faster and more efficiently at CIPO or at one of CIPO’s PPH partner offices. Clients realize the following benefits from participation in the PPH:
- prioritized examination;
- a first action (allowance or first report) within three months of the PPH request;
- no government fees associated with prioritized examination - regular fees for requesting examination continue to apply (Schedule II of the Patent Rules)
- lower costs and faster prosecution (fewer actions per disposal compared to non-PPH cases); and
- higher grant rates compared to regular, non-PPH applications.
As of July 15, 2011, please refer to requirement a) and Annex A of CIPO’s PPH guidelines pertaining to the NBPR, JPO, SPTO and USPTO for further information on the revised requirements to file a PPH request. Please note that, where appropriate, the one-year project is pursuant to extension of existing agreements, and that the Office may terminate the pilot project if the volume of participation exceeds manageable levels (a notice will be published if the project is terminated).