Archive for August, 2011

USPTO and the Taiwan IP Office Establish a Patent Prosecution Highway Pilot

Thursday, August 25th, 2011

Aug 22, 2011
IPFrontline.com

The PPH will permit each office to benefit from work previously done by the other office.

The United States Patent and Trademark Office, as the designated representative of the American Institute in Taiwan, today announced a new pilot project for the Patent Prosecution Highway with the Taiwan Intellectual Property Office, as the designated representative of the Taipei Economic and Cultural Representative Office in the United States. The PPH will permit each office to benefit from work previously done by the other office, which reduces the examination workload and improves patent quality.

The expedited examination in each office allows applicants to obtain corresponding patents faster and more efficiently. Under the PPH pilot program, an Office of Second Filing (OSF) may utilize the search and examination results of an application filed in the Office of First Filing (OFF) in a corresponding application filed in the OSF.

Through PPH, an applicant receiving a ruling from the Taiwan Intellectual Property Office that at least one claim in an application is patentable may also request that the USPTO fast track the examination of corresponding claims in corresponding applications. Similarly, if the USPTO determines that at least one claim is patentable, the applicant may request accelerated processing of corresponding applications filed at the Taiwan Intellectual Property Office.

Full requirements for participation in each trial program at the USPTO can be found at http://www.uspto.gov/patents/init_events/pph/index.jsp. Information on the Taiwan Intellectual Property Office’s program may be found at http://www.tipo.gov.tw/pph.

The purpose of this trial program is to gauge the interest of applicants and determine if the program improves quality and efficiency and reduces the workload at the USPTO as well as the Taiwan Intellectual Property Office. The trial period will start on September 1, 2011, and is set to expire on August 31, 2012, but may be extended or terminated earlier depending on volume of activity and other factors. The offices will provide notice of any adjustment in the trial period.

Source: http://www.ipfrontline.com/depts/article.aspx?id=25685&deptid=6#

PCT based National phase applications entry time in US

Thursday, August 18th, 2011

The national phase entry of a PCT application is ought to be within either 30 or 31 months from the earliest filing or priority date associated with the PCT application (Article 22). As the legal parameters such as patent filing, enforcement etc., are under the jurisdiction of individual countries patents act, so is the case with selection of 30/31 months for national phase entry. Blog US National phase entry timelines – FTO context