The Patent Prosecution Highway (PPH) pilot program is a work-sharing arrangement between two or more patent offices that enables an applicant who receives a positive ruling on patent claims from one participating office to request accelerated prosecution of corresponding claims in another participating office.
The program aims to reduce the workload of patent offices and improve patent quality by sharing information.
This article will cover everything you need to know about the PPH program, its benefits, and its recent pilot program with the Intellectual Property Corporation of Malaysia (MyIPO).
Table of Contents
What is the PPH program?
How does the PPH program work?
Benefits of the PPH program
USPTO's participation in the PPH program
Global PPH and IP5 PPH pilot programs
PPH pilot program with the MyIPO
Trial period for the PPH pilot program with the MyIPO
Conclusion
FAQs
What is the PPH program?
The PPH program is a program that allows patent applicants to request accelerated examination of their patent applications in participating countries by using the examination results of corresponding applications filed in other participating countries.
The program enables the applicant to obtain an expedited patentability decision in the second office by utilising and augmenting the search and examination results from the office of earlier examination.
How does the PPH program work?
The PPH program is a work-sharing arrangement between two or more patent offices.
An applicant who receives a positive ruling on patent claims from one participating office can request accelerated prosecution of corresponding claims in another participating office.
The examiner in the office of later examination can utilise and augment the search and examination results from the office of earlier examination.
Benefits of the PPH program
The PPH program benefits both patent applicants and patent offices.
Patent applicants can obtain expedited patentability decisions in multiple countries, which can be especially beneficial for inventions with a short shelf life.
Patent offices can reduce their workload and improve patent quality by sharing information and avoiding duplicative work.
USPTO's participation in the PPH program
Since July 2006, the United States Patent and Trademark Office (USPTO) has partnered with several other offices in the Patent Prosecution Highway (PPH) programs.
The PPH program promotes the USPTO’s goal of providing a high-quality and timely examination of patent applications by facilitating an expedited and thorough examination.
Global PPH and IP5 PPH pilot programs
On January 6, 2014, the USPTO began participating in the Global PPH and IP5 PPH (Global/IP5 PPH) pilot programs, which consolidated and replaced numerous earlier bilateral PPH programs.
The Global/IP5 PPH pilot programs streamlined and simplified the PPH program process for applicants and Global/IP5 PPH participating offices.
The Global Patent Prosecution Highway (Global PPH) is a plurilateral PPH pilot program covering three types of PPH: Normal PPH, PPH MOTTAINAI, and PCT-PPH.
The program makes these types of PPH available between any two participating offices.
PPH pilot program with the MyIPO
To further its mission of fostering innovation and growth worldwide, the USPTO continually seeks new partners to share in the benefits afforded by the patent prosecution highway (“PPH”) program.
Following discussions between the USPTO and the Intellectual Property Corporation of Malaysia (MyIPO), the USPTO will implement a PPH pilot program with the MyIPO.
Malaysia is one of the major economies in the Association of Southeast Asian Nations region, and this pilot program will facilitate patenting by U.S. interests in Malaysia.
Trial period for the PPH pilot program with the MyIPO
On March 2, 2023, a three-year trial period of the patent prosecution highway ("PPH") pilot program started between the United States Patent and Trademark Office ("USPTO") and the Intellectual Property Corporation of Malaysia ("MyIPO").
This program can be extended if both offices agree in writing and either office can end it before the scheduled time. A notification will be issued if the pilot program is extended or terminated.
The Benefits of the PPH Pilot Program with MyIPO
The PPH pilot program with MyIPO will benefit U.S. patent applicants. Here are some of the main advantages:
Accelerated Examination: The PPH pilot program will allow U.S. patent applicants to expedite the examination of their patent applications in Malaysia by using examination results from corresponding applications filed in the US. This will help them obtain a patentability decision more quickly.
Reduced Costs: By avoiding unnecessary or duplicative search and examination processes, applicants can save time and money in the patent application process.
Improved Patent Quality: The sharing of information between the two patent offices will enable examiners to access more comprehensive and accurate information during an examination, leading to better-informed decisions and higher-quality patents.
Increased Global Patent Protection: By obtaining patents in both the US and Malaysia, applicants will have the broader geographic coverage and greater protection for their inventions.
Conclusion
The PPH pilot program with MyIPO is a significant step in the USPTO's ongoing efforts to expand the PPH program and improve the efficiency and quality of global patent examination.
By leveraging the work already done by one patent office, the PPH program enables examiners in another office to make faster, more informed decisions, which ultimately benefits inventors and promotes innovation.
For U.S. patent applicants seeking protection in Malaysia, the PPH pilot program with MyIPO offers a valuable opportunity to expedite examination and obtain stronger, more comprehensive patent protection.
FAQs
What is the PPH pilot program? The Patent Prosecution Highway (PPH) pilot program is a work-sharing arrangement between two or more patent offices that enables an applicant who receives a positive ruling on patent claims from one participating office to request accelerated prosecution of corresponding claims in another participating office.
What are the benefits of the PPH pilot program with MyIPO? The PPH pilot program with MyIPO offers accelerated examination, reduced costs, improved patent quality, and increased global patent protection for U.S. patent applicants seeking protection in Malaysia.
What are the eligibility requirements for the PPH pilot program with MyIPO? To be eligible for the PPH pilot program with MyIPO, applicants must meet certain requirements related to the priority date, patentability/allowability, claim correspondence, and timing of the request for participation.
How long will the PPH pilot program with MyIPO last? The PPH pilot program with MyIPO will run for three years, from March 2, 2023, to March 1, 2026.
Can the PPH pilot program with the MyIPO be extended? Yes, the trial period may be extended upon mutual written decision by the USPTO and the MyIPO.
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