New Worksharing Opportunity: PCT-PPH Pilot between the Trilateral Offices

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New Worksharing Opportunity: PCT-PPH Pilot between the Trilateral Offices Karin Ferriter Attorney Advisor Office of Intellectual Property Policy & Enforcement, USPTO Worksharing Roundtable, Alexandria, VA, November 18, 2009

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New Worksharing Opportunity: PCT-PPH Pilot between the Trilateral Offices. Karin Ferriter Attorney Advisor Office of Intellectual Property Policy & Enforcement, USPTO. Worksharing Roundtable, Alexandria, VA, November 18, 2009. PCT PPH Pilot between the Trilateral Offices. - PowerPoint PPT Presentation

Transcript of New Worksharing Opportunity: PCT-PPH Pilot between the Trilateral Offices

Page 1: New Worksharing Opportunity: PCT-PPH Pilot between the Trilateral Offices

New Worksharing Opportunity: PCT-PPH Pilot

between the Trilateral Offices

Karin FerriterAttorney AdvisorOffice of Intellectual Property Policy & Enforcement, USPTO

Worksharing Roundtable, Alexandria, VA, November 18, 2009

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PCT PPH Pilot between the Trilateral Offices

Japan Patent Office

United States Patent and Trademark Office

The European Patent Office

PPH

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PCT-PPH Pilot between the Trilateral Offices

• Begins January 29, 2010• PCT-PPH pilot among the Trilateral Offices:

– Requires a positive• international search report*, • written opinion, or• international preliminary examination report

*international search report only eligible when no written opinion of the international searching authority has been issued

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PCT-PPH Pilot

• Applications can be:– National stage of the PCT application– Application that claims priority/benefit to the PCT

application– U.S. parent application– Corresponding U.S. application

• Plant and design applications, reissue applications, reexamination proceedings, and applications subject to a secrecy order are excluded from the PPH

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PCT PPH Pilot: National Stage PCT PPH Pilot: National Stage ApplicationApplication

A

C

・・・

・・・

Accelerated Exam.

Request for PPHB

SubstantiveExam.

SubstantiveExam.

PCTApplication

Trilateral Office

ISR/WO/IPER

Positive ISR/WO or IPER

Designated Office (DO)

Designated Office (DO-USPTO)

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PCT PPH Pilot: PCT PPH Pilot: National Stage National Stage Application (with priority)Application (with priority)

A

C

・・・

・・・

Accelerated Exam.

Request for PPHB

SubstantiveExam.

SubstantiveExam.

PCTApplication

Trilateral Office

ISR/WO/IPER

Positive ISR/WO or IPER

Designated Office (DO)

JPO Application

Designated Office (DO= USPTO)

Priority claim

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PCT PPH PilotPCT PPH Pilot: Priority/benefit to : Priority/benefit to the PCT applicationthe PCT application

Accelerated Exam.

Request for PPH

US Application

PCTApplication

Trilateral Office

ISR/WO/IPER

Positive ISR/WO or IPER

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PCT PPH Pilot: PCT PPH Pilot: Parent ApplicationParent Application

・・・

・・・

Accelerated Exam.

Request for PPH

PCTApplication

Trilateral Office

ISR/WO/IPER

Nonprovisional US Application(parent)

Priority claim

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PCT PPH Pilot: Corresponding PCT PPH Pilot: Corresponding applicationapplication

Accelerated Exam.

Request for PPHCorresponding US

Application(111 or national stage of another international application

PCTApplication

Trilateral Office

ISR/WO/IPER

Positive ISR/WO or IPER

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Thank you!

Karin Ferriter