Patent Prosecution Highway Between USPTO and DPMA (Pilot)

The Patent Prosecution Highway in Conjunction With the German Patent and Trade Mark Office (DPMA)

Under the Patent Prosecution Highway, an applicant receiving a ruling from either the German Patent and Trade Mark Office (DPMA) 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 leverages 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 initial Patent Prosecution Highway pilot program between the USPTO and the DPMA commenced on April 27, 2009. On April 27, 2013, the USPTO implemented PPH 2.0 with respect to the DPMA. PPH 2.0 simplified 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. In short, the revised requirements apply to PPH requests filed at the USPTO on or after April 27, 2013, based on claims that have been determined allowable in a corresponding application filed in the DPMA.

The trial period for the USPTO's PPH 2.0 program with respect to the DPMA has been extended until April 26, 2017. The USPTO and the DPMA will evaluate the results of the PPH 2.0 program to determine whether and how the program should be implemented after the trial period. The offices may also terminate the PPH 2.0 program early 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 DPMA will be terminated before April 26, 2015.

Patent Prosecution Highway Requests to USPTO

Fillable Form SB/20 DE (Patent Prosecution Highway Request Form) [PDF]

Continuation of Patent Prosecution Highway (PPH) Pilot Program between the United States Patent and Trademark Office and the German Patent and Trade Mark Office (signed 05 February 2015)

Revised Requirements for the Patent Prosecution Highway (PPH) Program to Implement PPH 2.0 with the German Patent and Trade Mark Office (signed 29 May 2013)

Extension of the Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the German Patent and Trade Mark Office (signed 21 April 2011)

Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the German Patent and Trade Mark Office (signed 14 April 2009)

Patent Prosecution Highway Requests to DPMA

How to make a request (published by the DPMA, includes links to request form)

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