Patent Prosecution Highway (PPH)

- 2015-10-09

 

1. Chances for application for PPH

 

The applicant can file a request for PPH before receiving an office action, but after receiving a Notification of Entering the Substantive Examination Phase. The applicant can also file a request for PPH when filing the request for substantive examination if that application has been published.

 

2. Fees

 

There is no official fee for filing a PPH application at present.

 

3. Requirements for application for PPH

 

For applying for PPH, the Chinese patent application must have one or more corresponding applications which have been allowed before a Patent Office that has PPH Agreement with the SIPO.

 

All claims in the Chinese patent application, as originally filed or as amended, must sufficiently correspond to one or more of those claims determined to be patentable/allowable in the corresponding patent application.

 

4. Documents to be submitted for PPH

 

1) Copies of all office actions issued in the corresponding patent application.

 

2) Copies of all claims determined to be patentable/allowable.

 

3) Copies of all cited references by in the corresponding patent application.

 

4) Claims correspondence table.

 

5. PPH based on PCT working products:

 

If all or some claims are indicated allowable in ISR or IPER, the applicant can request for PPH based on the PCT working products.

 

6. PPH Program between EPO, JPO, KIPO, SIPO, USPTO.

 

The five Patent Offices agreed to launch a comprehensive IP5 Patent Prosecution Highway (PPH) pilot program as of January 2014. The program will utilize both PCT and national work products and will improve the accelerated treatment of patent applications.

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