Patent Prosecution Highway Between USPTO and DKPTO (Pilot)
The Patent Prosecution Highway in Conjunction with the Danish Patent and Trademark Office
Under the Patent Prosecution Highway, an applicant receiving a ruling from either the Danish Patent and Trademark Office (DKPTO) or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications. The Patent Prosecution Highway will leverage fast-track patent examination procedures already available in both offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently.
As of May 25, 2010, the USPTO has eliminated the fee for the petition to make special under the PPH programs.
The USPTO and DKPTO commenced a pilot of the Patent Prosecution Highway program on November 3, 2008. The pilot was extended indefinitely on October 5, 2009.
On June 3, 2013, the USPTO will implement PPH 2.0 with respect to the DKPTO. PPH 2.0 simplifies the PPH requirements and procedures in a consolidated and user-friendly framework, while at the same time ensuring that work sharing benefits to the USPTO are not diminished. It is important to note that PPH 2.0 has only been implemented at the USPTO at this time, i.e., unilaterally.
The trial period for the USPTO's PPH 2.0 program with respect to the DKPTO will run indefinitely. The revised requirements will apply to PPH requests filed at the USPTO on or after June 3, 2013, based on claims that have been determined allowable in a corresponding application filed in the DKPTO. The USPTO and the DKPTO will evaluate the results of the PPH 2.0 program to determine whether and how the program should be fully implemented after the trial period. The offices may also terminate the PPH 2.0 program if the volume of participation exceeds a manageable level, or for any other reason. Notice will be published if the PPH 2.0 program with respect to the DKPTO will be terminated.