The JPO and the GPTO will launch the PPH pilot program on March 25, 2008. This program will run for a two-year period from March 25, 2008.
Under the program, an applicant receiving a ruling from the GPTO that at least one claim in an application is patentable may request an accelerated examination of corresponding claims in corresponding applications pending before the JPO by an easy and simple procedure.
Following requirements must be met to request accelerated examination under the PPH pilot program:
(1) The Japanese application must claim priority to the corresponding German application(s) under the Paris Convention. PCT applications which do not claim priority and utility model applications are not accepted.
(2) The GPTO must have determined at least one claim in the corresponding German application(s) is patentable.
(3) All claims in the Japanese application for which accelerated examination under the PPH is requested must sufficiently correspond to one or more of the claims determined to be patentable by the GPTO.
(4) The Examination of the application by the JPO must have not yet begun at the time the request for the accelerated examination is filed.
Documents necessary
(a) A table setting out the correspondence relation between claims in the Japanese application and claims in the German application.
(b) Copies of all the Office Action issued for the German application and its English or Japanese translations.
(c) Copies of all the allowed or patented claims of the German application and its English or Japanese translation.
(d) Copies of all the references cited against the German application
Copies of Nonpatent documents are required. Copies of patent documents are generally not required. Translations of patent documents and nonpatent documents are not required.
2. Eligibility for PPH pilot program between the Japan Patent Office (JPO) and the UK Intellectual Property Office (UK-IPO) expanded
The JPO and UK-IPO started the PPH pilot program in July 2007. From March 25, 2008, the JPO and the UK-IPO will expand the eligibility for the PPH pilot program to make the program more accessible to applicants. The details are as follows.
Current Rule
-In the UK-IPO
Only the UK applications (including PCT applications) based on a Japanese application are eligible for the PPH program.
-In the JPO
Only the Japanese applications (including PCT applications) based on a UK application are eligible for the PPH program.
Rule from March 25, 2008
-In the UK-IPO and in the JPO
The PCT applications which do not claim priority will be eligible for the PPH program.
