Japanese Intellectual Property, Patent and Trademark Law Firm in Japan

1. What is Patent Prosecution Highway (PPH)?

Suppose you are a patent applicant in U.S., first of all you have to have your application granted by USPO. If granted, then the gateway to PPH will be opened for obtaining foreign patents including a Japanese patent. PPH will accelerate the prosecution in PPH contracting countries. PPH is the fast lane of international patent prosecution.

The Patent Prosecution Highway (PPH) Portal Web Site

2. Obtaining strong patents with a minimum effort

The accelerated prosecution can provide with foreign patents quickly. But this is not the end of story. The accelerated prosecution also provides synchronized prosecutions all over the world, which leads to the efficient prosecution for applicants.

The synchronized prosecutions provide followings.

Merit 1: Applicant can consider prior arts cited in multiple Patent Offices such as EPO and Japan Patent Office (JPO) in synchronized prosecutions.

Merit 2: Cost or time saving, Applicant does not have to dig out closed or granted file in foreign countries for checking prior arts.

3. Avoiding typical nightmare situation

Typical nightmare is followings.

Step 1: US Applicant obtains a US patent.

Step 2: US Applicant start enforcement activities.

Step 3: JPO cites new prior arts jeopardizing the US patent which are almost impossible to search by the applicant because it is in Japanese language. JPO typically cites new prior arts three yeas after the request of substantive examination.

If you use PPH, you will have an option to use “Reissue” procedure in accordance with 35 U.S.C. 251 by two year dead line for providing flexibility of amendment.

End of Report