What is PPH?
The Patent Prosecution Highway (PPH) is implemented based on a bilateral or multilateral agreement between two Offices and allows the latter Office (OLE) to accelerate examination, at the applicant’s request, if a corresponding application has been found allowable/patentable by the earlier Office (OEE). See more below about how PPH works between OEE and OLE:
Benefits of the PPH in China
Faster Patent Approval: Substantially shorter examination timelines compared to standard procedures.
Cost Savings: Reduced legal and administrative costs due to streamlined examination.
Increase grant rates: Some jurisdictions report that PPH applications have 10-30% higher allowance rates than non-PPH applications.
Types of PPH Programs
- Normal PPH: Based on the examination results of OFF (the office of first filing) through the Paris Convention route.
- PCT-PPH: Based on the examination results during the international phase of a PCT application.
How to Apply for PPH in China: Step-by-Step
Applying for the Patent Prosecution Highway (PPH) in China involves a series of specific steps. Below is a detailed guide to help you navigate the process effectively.
Step 1: Check Your Eligibility
Bilateral or Multilateral Agreement:
The CNIPA has entered into PPH agreements with 30 countries/regions (e.g., USPTO, JPO, EPO, SK). Ensure that the originating country/region has a PPH agreement with China. (check the list of contracting states with China)
Application Status:
The Chinese patent application must have been published and entered substantive examination, but must not have begun the examination process.
Patentable claims:
All claims in CNIPA must sufficiently correspond to one or more of those claims determined to be patentable/ allowable by the corresponding patent office.
Step 2: Prepare Required Documents
Prepare the following documents for your PPH application. These must meet CNIPA’s specific requirements:
- PPH request form;
- Copies (Chinese translations may be required) of all substantive examination actions of the OFF or all the work products of PCT ;
- Copies (Chinese translations may be required) of all claims that have been found allowable/patentable; and
- Copies of all the prior art (including non-patent literature) cited by the examiner.
Step 3: Submit Your PPH Request
Regardless of what type of PPH you make, the applicant can only submit a request with CNIPA when:
- while requesting a substantive examination; or
- within 3 months from the receipt of entering the substantive examination stage.
Step 4: Review and Follow-Up
After submission, CNIPA will review your request and notify you of the outcome.
- Approval
- If your request is approved, CNIPA will expedite the substantive examination of your application.
- Request for Additional Information
- If your submission is incomplete or does not meet the requirements, CNIPA will give you one more chance to provide additional documents or corrections.
- Rejection
- If 2nd submission is rejected again, your application will proceed under the standard examination track without affecting the final decision on patentability.
Common Questions About PPH
Can I modify claims for a PPH request?
Yes, but the claims in CNIPA must remain substantially similar/ same to the allowed claims in the originating office (OEE).
Cost of PPH in China?
There is NO official fee to request a PPH with CNIPA so far, the applicant will only be charged the attorney fees and translation fees (if required).
Recent Developments?
As of January 20, 2025, CNIPA has launched the Belt and Road Accelerated Examination Pilot Program, allowing for quicker patent reviews in collaboration with participating countries.
Further information
See more about CNIPA’s guidelines for PPH.
See more about WIPO’s PCT-Patent Prosecution Highway Program (PCT-PPH and Global PPH)
If you need assistance with preparing the documents or submitting the PPH request based on another allowed patent, feel free to ask at: contact@gbaiplawyer.com
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