The Expansion of Eligible Applications for the Patent Prosecution Highway between the Japan Patent Office and the Federal Service for Intellectual Property of Russia
The Japan Patent Office (JPO) and the Federal Service for Intellectual Property of Russia (ROSPATENT) agreed that the scope of applications eligible for the Patent Prosecution Highway (PPH) will be expanded from June 1, 2013.
Through this scheme, it is expected that the number of cases where accelerated examination becomes available when filing a patent application from Japan to Russia will increase and that the convenience for users will be further enhanced.
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,*1 which helps applicants to acquire patents more quickly and protects their rights more effectively outside their home countries.
2. Expansion of eligibility for the PPH between the JPO and the ROSPATENT
The JPO and ROSPATENT have been implementing the PPH pilot program since May 18, 2009.*2 On June 1, 2013, both offices will start expanding the scope of applications eligible for the PPH in order to further enhance the convenience for users.
The PPH has been applied only to the patent applications that are assumed to be patentable in the domestic examination procedures in partner countries. From June 1, 2013, however, under the scheme, the international patent applications (PCT applications*3) are eligible for the PPH if the applications have received a positive opinion from the JPO or the ROSPATENT, serving as the International Searching Authority or the International Preliminary Examining Authority, even before the applications are assumed to be patentable in the domestic examination procedures in partner countries (PCT-PPH).
This expansion is expected to increase the number of applications eligible for accelerated examination that are filed with the ROSPATENT from Japan as well as to further enhance the convenience for users.
With a view to helping Japanese applicants to promptly obtain stable overseas patents, 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.
- 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.
- Additionally, the JPO has been administrating the PPH with the Eurasian Patent Office (EAPO), established by the eight former members of the Commonwealth of Independent States (CIS), including the Russian Federation, since February 15, 2013.
- 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 the number 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. (in Japanese)
May 29, 2013
Division in Charge
- International Affairs Division, General Affairs Department, Japan Patent Office
- Examination Policy Planning Office, Administrative Affairs Division, First Patent Examination Department, Japan Patent Office