New Patent Prosecution Highway (PPH) pilot agreement between Canada and Chile
A new PPH pilot program agreement between the Canadian Intellectual Property Office (CIPO) and the National Institute of Industrial Property of Chile (INAPI) will commence January 6, 2017.
Under the new pilot program agreement, an applicant whose claims have been found to be patentable by either INAPI or CIPO can request an accelerated processing of their corresponding patent applications pending before the other country.
Accelerated requests under the PPH program can be made based on national work products or Patent Cooperation Treaty (PCT) work products, such as the Written Opinion of the International Searching Authority (WO-ISA), the Written Opinion of the International Preliminary Examination Authority (WO-IPEA) and the International Preliminary Report on Patentability (IPRP).
This PPH program agreement allows applicants seeking patents at CIPO and INAPI to obtain corresponding patents faster, more efficiently, and with improved quality. The PPH program also permits both countries to benefit from work previously done by each other's patent offices, reducing examination workload.
CIPO's goal for all PPH program agreements is to provide a first office action (Notice of Allowance or first substantive report) within 90 days from receipt of the PPH request. CIPO has noted that approximately 32% of PPH patent applications are allowed without an examination report, which is significantly higher than for non-PPH national patent applications (3.5%). This represents a savings of time, cost and effort, for both CIPO and our clients.
For CIPO, the development and negotiation of partner agreements under the PPH program is one of the ways it can support Canadians doing business abroad, and encourage innovation and investment in Canada. This work reinforces CIPO's ability to contribute to improvements to the global IP system.
CIPO will continue to process requests for advanced prosecution under the PPH program free of charge. Regular fees (Schedule II of the Patent Rules) for requesting examination will continue to apply.
Please note that CIPO may suspend its participation in the pilot program at any stage, if the volume of participation exceeds a manageable level.
For more information, visit the PPH web page, or contact the PPH coordinator.
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