Patent Prosecution Highway to Accelerate Examination

June 24th, 2010

The U.S. Patent Office in partnership with several foreign patent offices will fast track application examination under the Patent Prosecution Highway (PPH) program.  Favorably reviewed applications in their countries of first filing may enter accelerated examination for corresponding foreign claims upon request.  The U.S. Office is partnered with Australia, Canada, Denmark, the European Patent Office, Finland, Germany,  Japan, Korea, Singapore and the United Kingdom currently.  Additionally, a pilot PCT program allows applications to enter accelerated examination based on favorable PCT opinions, but exists only between the U.S., European Patent Office, Japan and Korea.  Before electing to use the PPH, applicants should be aware that non-corresponding claims may not use the accelerated process, and accelerated examination may be outweighed by the likelihood of favorable action by a non-PPH office.  Applicants may also be surprised by the speed of PPH claim allowance in instances where accelerated examination is not a necessity.