Launch of the Patent Prosecution Highway Pilot Program
However the JPO has limited the applications eligible for PPH pilot program to Japanese applications to a corresponding U.S. applications claiming priority under the Paris Convention. The Japanese national phase of PCT application which validly claim priority to the corresponding USPTO applications were not eligible for the PPH pilot program.
Due to many requests from applicants, the JPO expanded the PPH pilot program on May 18, 2007 to include the PCT route application that validly claim priority to a corresponding US application and that satisfies all the other requirements as set out below.
Thus, under the Patent Prosecution Highway, an applicant receiving a ruling from the USPTO that at least one claim in an application is patentable may request an accelerated examination of corresponding claims in corresponding applications to the JPO by an easy and simple procedure.
Accelerated examination in the JPO currently requires an applicant to submit the search results (references), and explanation comparing the claimed invention to the prior art, and an explanation of patentability of the claims. The Patent Prosecution Highway permits an applicant to submit the office actions from USPTO, the patentable claims allowed by the USPTO, etc. to the JPO as an alternative to the documents required in the current accelerated examination system.
This system would allow the applicants who claim priority to a US application to obtain the Japanese patents faster and more efficiently. It will also permit the JPO to use the references and examination results from U.S., in turn reducing the examination workload and improving patent quality.
Requirements for requesting accelerated examination under the PPH pilot program at the JPO are:
1. The JPO application is Paris Convention application or a PCT application which validly claims priority to the corresponding US application(s).
2. At least one corresponding US application has one or more claims that are determined to be allowable/patentable by the USPTO.
3. All claims in the JPO application for which accelerated examination under the PPH is requested must sufficiently correspond to one or more of those claims indicated as allowable/patentable in the USPTO.
4. JPO must not have begun the examination of the application.
We would like to recommend this program to applicants who wish to obtain patents faster.
The details can be found at:
http://www.jpo.go.jp/torikumi_e/t_torikumi_e/faqs_pph_pilot_program.htm