The Expansion of Eligible Applications for the Patent Prosecution Highway between the Japan Patent Office and the Israel Patent Office

The globalization of the world economy is accelerating the tendency to file and obtain patents for the same invention in multiple countries. This has resulted in an increase in the number of patent filings worldwide and thus longer examination periods. To cope with these problems, the JPO is promoting the PPH scheme,* which helps applicants acquire patents more speedily and protects their rights more effectively outside their home countries, and mitigates the examination load of patent offices.

*Note : The Patent Prosecution Highway (PPH) is a scheme whereby patent applicants whose applications have been determined as patentable by a patent office are entitled to request, through a simple procedure, an accelerated examination of the corresponding applications in another patent office.

The JPO and the ILPO have been implementing the PPH pilot program since March 1, 2012. On March 1, 2013, both offices will start expanding the scope of the eligible applications for the PPH in order to further increase the convenience for users.

The PPH has been applied only to the patent applications that are assumed patentable in the domestic examination procedures in partner countries. From March 1, 2013, however, the scheme will also cover the international patent applications (PCT applications*2) which have received a positive written opinion from the JPO or the ILPO, serving as the International Searching Authority or the International Preliminary Examining Authority (PCT-PPH).

This expansion is expected to increase the number of applications eligible for accelerated examination that are filed for the ILPO from Japan as well as to further increase the convenience for users.

With a view to helping Japanese applicants obtain stable overseas patents promptly, the JPO will continue making efforts to expand the scope of PPH applications and to standardize and simplify PPH application procedures. At the same time, it will seek to enhance the use of the examination results of other patent offices in order to improve the examination quality and reduce the workload of patent examiners.

*Note : PCT applications are international patent applications filed under the Patent Cooperation Treaty (PCT). By filing a single PCT application, an applicant can achieve the effect of simultaneously filing it in a plurality of PCT member states that he/she designates. Since these applications are examined for patentability by the International Searching Authority or the International Preliminary Examining Authority designated by the PCT, with the results published, patent offices can refer to official opinions presented therein during their domestic examination of corresponding applications.

For details of the PPH, visit the following website:
http://www.jpo.go.jp/cgi/linke.cgi?url=/torikumi_e/t_torikumi_e/patent_highway_e.htm

February 28, 2013

• General Affairs Department, International Affairs Division, Japan Patent Office;
• Examination Policy Planning Office, Administrative Affairs Division, First Patent Examination Department, Japan Patent Office