The patent prosecution process in the United States is undeniably lengthy, lasting 2-3 years in many cases. Numerous applicants express concerns regarding this prolonged duration and seek methods to expedite the process.

Certainly, there is a solution in the form of the Patent Prosecution Highway (PPH), which functions as a “fast lane” significantly reducing the patent examination timeline.

How expeditious can PPH acceleration truly be? What are the conditions and considerations when requesting PPH acceleration?

PART 1: What are the requirements for requesting PPH acceleration?

PPH, which stands for Patent Prosecution Highway, is an internationally recognized program designed to expedite the patent examination process.

When an applicant’s patent application filed in the priority application office contains claims that are deemed allowable, the applicant can use this favorable opinion as a basis to request PPH acceleration in subsequent application offices.

For countries that have a PPH agreement with the United States, if a patent is granted in the local country and the application is used as a priority to enter the United States, the US patent application can be accelerated through PPH. Additionally, by entering the US through the PCT route and obtaining a positive international search report, the US patent application can also be accelerated through PPH, facilitating a swift entry into the US examination process.

PART 2: How fast can PPH acceleration be?

Can PPH really accelerate the examination of cases? Let’s take a look at a specific example.

In a past scenario, a client’s PCT application had certain claims deemed to have novelty during the international search phase. We advised the client to use these favorable claims to enter the United States and submit a PPH acceleration request, while promptly preparing for examination.

In the end, the entire process from application to granting of the patent in the United States took less than 4 months. The client was extremely surprised when they received the notice of grant, realizing that the patent granting process in the United States could be so short. Additionally, PPH does not require payment of additional official fees, making it very cost-effective!

Of course, the effectiveness of PPH acceleration may vary, and it can differ for different cases. After all, there is no official guarantee or commitment from the authorities regarding the outcomes of PPH acceleration.

PART 3: Things to be aware of when using PPH

So, does it mean that as long as the first filing office has a positive opinion, the subsequent patent applications filed in another office can definitely be accelerated through PPH?

This is where applicants need to be cautious, as there are cases where PPH requests are not approved.

If there are issues such as claims in the PPH acceleration request that go beyond the scope of the claims in the first filing or PCT application, or if there are lack of substantive correspondence, then the PPH request is likely to be rejected.

Additionally, there are specific timing requirements for submitting a PPH request in the United States, which means it must be filed before the US patent application enters substantive examination (for example, before an NFOA is issued).