- What is PPH?
The Patent Prosecution Highway (PPH) is implemented based on a bilateral agreement between two Offices and allows one Office to accelerate examination, at the applicant's request, if a corresponding application has been found allowable/patentable by the counterpart Office. The PPH is expected to increase a grant rate and reduce filing costs.
Since the start of the PPH pilot between the JPO (Japan) and the USPTO (USA) in 2006, the number of Offices implementing PPH has increased to as many as 54.
- The types of PPH
Depending on the difference of work products, there are three types of PPH:
1. Normal PPH, refers to the applicant making a request using the work products of OFF (the office of first filing) through the Paris Convention route;
2. PCT-PPH, refers to the applicant makes a request using the work products of the PCT international phase;
3. PPH-MOTTAINAI, refers to the expansion of the PCT-PPH, and adds situations where the first application originates from other offices, or the subsequent receiving office makes work products.
- When can you request the PPH in China?
Regardless of what type of PPH you make, the applicant only can submit request with CNIPA:
1. at the same time as requesting for substantive examination; or
2. whining 3 months form the receipt of entering the substantive examination stage.
- Which countries and regions does China have PPH cooperation with?
Currently, CNIPA has signed PPH cooperation agreements with patent offices in 30 countries or regions, including the United States, Europe, Japan, South Korea, etc.
- What documents are needed to apply for PPH in China?
- PPH request form;
- Copies and translations of all examination opinions of the OFF or all the work products of PCT ;
- Copies and translations of claims that has been found allowable/patentable by the OFF or approved by PCT; and
- Copies of all the prior art cited by the examiner.
- Do I need to pay official fees when applying for PPH in China?
There is no official fee to request a PPH with CNIPA so far.
Useful links:
https://www.cnipa.gov.cn/col/col46/index.html