Patent Prosecution Highway pilot programme between the European Patent Office and the Canadian Intellectual Property Office

Patent Prosecution HighwayThe Patent Prosecution Highway enables an applicant whose claims have been determined to be patentable/allowable to have a corresponding application filed with a PPH partner office processed in an accelerated manner while at the same time allowing the offices involved to exploit available work results.

Under the PPH pilot programme a PPH request can be based either on the latest PCT work product (written opinion of the ISA (WO-ISA) or international preliminary examination report (IPER)) established by one of the participating offices as ISA or IPEA, or on the national work product established during the processing of a national application or a PCT application that has entered the national phase before one of the participating offices, where this work product determines one or more claims to be patentable/ allowable.

Where the EPO work product contains one or more claims that are determined to be patentable/allowable, the applicant may request participation in the PPH pilot programme at CIPO.

The PPH pilot programme between the EPO and CIPO will commence on 6 January 2015, for a period of three years ending on 5 January 2018. The requirements laid forth below will apply to PPH requests filed with the EPO on or after 6 January 2015.

The EPO and CIPO will evaluate the results of the pilot programme to determine whether and how the programme should be fully implemented after the trial period. The trial period may be extended if necessary to adequately assess the feasibility of the PPH programme. The EPO may also terminate the PPH pilot programme early if the volume of participation exceeds a manageable level, or for any other reason. Notice will be published if the PPH pilot programme between the EPO and CIPO is terminated before 5 January 2018.

Source: European Patent Office