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The Patent Prosecution Highway (PPH) pilot program between the Japan Patent Office (JPO) and the German Patent and Trade Mark Office (GPTO) will commence on March 25. The PPH aims to facilitate an applicant's acquisition of a patent at an accelerated pace worldwide and to reduce the burden and improve the quality of patent examination at both offices.

Eligible applications for the PPH pilot program between the JPO and the UK Intellectual Property Office (UK-IPO), which was launched in July 2007, will also be expanded on March 25 for the convenience of applicants.

Applicants filing with the GPTO and the UK-IPO are encouraged to take advantage of these programs for the acquisition of a patent at an accelerated pace.

1. Background
As the globalization of the economy increases the need to obtain patents in many countries, the number of duplicate applications among major patent offices has been increasing. Under these circumstances, the JPO has been seeking to collaborate more closely with other national patent offices to improve the efficiency and quality of patent examination.

2. Patent Prosecution Highway
The Patent Prosecution Highway (PPH) is a framework in which an application determined to be patentable in the office of first filing is eligible to have an accelerated examination in the office of second filing with a simple procedure upon an applicant’s request. The PPH is expected to facilitate an applicant's acquisition of a patent at an accelerated pace worldwide and to reduce the burden and improve the quality of examination at both offices, due to the exploitation of the search and examination results of one office by the other office under the PPH.

3. Commencement of the PPH Pilot Program between the JPO and the GPTO
The JPO and the GPTO will commence the PPH pilot program on March 25, in line with the Joint Statement of Intent signed at the Heads Meeting between the JPO and the GPTO held on October 19, 2007. Starting on the commencement date, applicants can request an accelerated examination under this program.

The details of this program are available at http://www.jpo.go.jp/torikumi_e/t_torikumi_e/japan_germany_highway_e.htm.

The pilot period is two years from March 25, 2008.

4. Expansion of eligibility for the PPH Pilot Program between the JPO and the UK-IPO
For the convenience of applicants, eligibility for participation in the PPH pilot program between the JPO and the UK-IPO, which was launched in July 2007, will be expanded on March 25 to include PCT national phase applications without priority claim(s) (direct PCT applications), in addition to applications (including PCT national phase applications) claming Paris Convention priority over the other office’s applications.

The details of this program are available at http://www.jpo.go.jp/torikumi/t_torikumi/niti_ei_highway_program.htm.

5. Future Developments of the PPH
The PPH program between the JPO and the United States Patent and Trademark Office (USPTO) was implemented on a permanent basis in January 2008, following an 18-month pilot program that started in July 2006. The PPH program between the JPO and the Korean Intellectual Property Office (KIPO) commenced in April 2007. The upcoming commencement of the PPH pilot program between the JPO and the GPTO will make the GPTO the fourth PPH partner of the JPO and its second European PPH partner after the UK-IPO. Both the commencement of the PPH pilot program between the JPO and the GPTO and the expansion of eligibility for the PPH pilot program between the JPO and the UK-IPO are expected to enhance the utilization of the PPH in Europe.

In the meantime, a growing number of countries are forming similar partnerships. A PPH pilot program between the USPTO and the UK-IPO started in September 2007, and in January 2008, two PPH pilot programs began: (1) the USPTO and the Canadian Intellectual Property Office (CIPO) and (2) the USPTO and the KIPO. Further expansion is expected to lead to the creation of a global network of bilateral PPHs involving many countries.

The JPO will continue its efforts to establish PPH programs with the EPO and with the patent offices of Denmark, Canada and Australia, with which the JPO is holding discussions. The JPO also plans to enter into negotiations with other offices in order to increase the number of Japan’s PPH partners.