Examination under the Patent Prosecution Highway
The Patent Prosecution Highway (PPH) is an initiative where you may request accelerated examination in one office based on the allowance of at least one claim in a corresponding application in another office.
With effect from 15 July 2012, the pilot PPH program between us and the USPTO has been extended indefinitely.
The extension of the PPH program is part of our continued focus on strengthening international cooperation between overseas patent offices and ensuring maximum work-sharing potential.
Under the PPH pilot, an applicant receiving a ruling from either the USPTO or us that at least one claim in a national application is allowable, could request that the other office fast track the examination of corresponding applications.
The initial pilot was expanded to include work carried out under the Patent Cooperation Treaty (PCT), referred to as the PCT-PPH pilot. Under the PCT-PPH pilot, an applicant may request accelerated examination based on a written opinion or examination report (prepared by us or USPTO as ISA/IPEA) for a corresponding PCT application that indicates at least one claim has novelty, inventive step, and industrial applicability.
It was then further expanded to allow PPH requests based on examination of corresponding applications regardless of where the priority application was filed ("Mottainai"). This means that the US application could be based on first filing in another Office such as Canada, Norway or Australia provided that both the Australian and US applications have the same priority date. This has made the PPH available to a wider range of applicants than previously.
We will continue to evaluate the results of the PPH program with the USPTO to determine if and how the program should be fully implemented.
Official Notices provide information about the PPH pilot program.
Patent Prosecution Highway Requests to IP Australia
- Patent Prosecution Highway Pilot Program: Requirements and Procedures
- Patent Prosecution Highway Pilot Program - apply online
Patent Prosecution Highway Requests to USPTO
More information on the Patent Prosecution Highway Requests to the USPTO is available on the USPTO website.
Last Updated: 13/12/2012