USPTO Eliminates Patent Prosecution Highway Petition Fee

The Department of Commerce’s United States Patent and Trademark Office (“USPTO”) today announced it would eliminate the fee for the petition to participate in Patent Prosecution Highway (“PPH”) programs.

The elimination of the PPH petition fee is expected to encourage greater PPH participation by patent applicants, according to the USPTO.

The USPTO explained that since 2006, the USPTO has implemented Patent Prosecution Highway programs with a number of patent offices as part of work sharing arrangements to avoid duplication of work among patent offices, and for reducing its own pendency and backlog.  Until now, the PPH notices have indicated that a request for participation in the PPH program required the payment of a $130 petition fee.

“Patent Prosecution Highway programs have great potential to reduce unnecessary duplication of work between offices, reduce pendency and improve quality,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos.  “By eliminating the petition fee, we expect to see more applicants take advantage of PPH.”

PPH applications have proven to take significantly less time to prosecute, on average, than non-PPH applications, added the USPTO.  Using the PPH process also increases the sharing and re-use of information (primarily search and examination results) between the USPTO and its partner patent offices.  Improving the PPH framework to make it more user-friendly, and thereby encouraging greater participation by applicants, would support the Office’s goal to optimize both the quality and timeliness of patents.

Since 2006, the USPTO has entered into PPH agreements with the patent offices of Australia, Canada, Denmark, Finland, Germany, Japan, Korea, Singapore, the United Kingdom and the European Patent Office (“EPO”), the USPTO stated.

Under the PPH program, if an application filed in an Office of First Filing (“OFF”) receives an indication that at least one claim is patentable, a corresponding application with corresponding claims filed in the USPTO as the Office of Second Filing (“OSF”) may be advanced out of turn for examination.  To have the request for participation in the PPH accepted in the USPTO, an applicant must make available to the USPTO the relevant work of the OFF as well as any necessary translation.

Also See:

USPTO to Implement Inventor’s Oath or Declaration Provisions of the Leahy-Smith America Invents Act

U.S. Patent and Trademark Office Seeks Public Input on Proposed Fees

USPTO to Test New Post Final Rejection Option

USPTO Expands Patent Law School Clinic Certification Pilot Program

USPTO Launches Small Business Innovation Research Pilot Program