(23.07.2008)
At present applicants can request accelerated examination with the German and Japanese patent authorities provided that the patent application was previously filed at the respective other office and at least one claim was determined to be patentable by that office. In that case, the two offices will exchange and mutually use work results. The applicant will benefit from this scheme since he will receive the first office action relating to his application within nine months from the receipt of the request and the necessary documents.
The background of this pilot is the following: When an applicant applies for patents for one and the same invention in many countries, the patent offices concerned will independently conduct searches and examine the patent applications. The project has the objective to explore to what extent search and examination results can be mutually used. In addition, an accelerated examination procedure shall be available to applicants.
Neither the DPMA nor the JPO are bound by the decisions of the respective other office. The examination at the DPMA will of course be governed by the German Patent Law and the ordinances applicable to the DPMA.
The project was launched in March 2008 and will initially run for two years, with the option of extension. Applicants can participate in the programme upon request. The request form, the guidelines for participation in the pilot programme and the press release of 25 March 2008 can be downloaded here:
Guidelines for participating in the Pilot Program Patent Prosecution Highway DPMA - Japan Patent Office Antrag auf Teilnahme am Pilotprojekt Patent Prosecution Highway (PPH) zwischen dem DPMA und dem JPO
Antrag auf Teilnahme am Pilotprojekt Patent Prosecution Highway (PPH) zwischen dem DPMA und dem JPOInformation on participation in the pilot programme at the Japan Patent Office is available here:
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