Helpful tips for submitting a Patent Prosecution Highway request
From: Canadian Intellectual Property Office
Clearly indicate "PPH" in the upper right corner of each page of the cover letter. This will make it easier to identify correspondence relating to a Patent Prosecution Highway (PPH) application, and ensure it is processed properly.
The PPH request form should be the first document on top when submitted with a request for examination, a voluntary amendment or a request to have an application opened to public inspection before the expiry of the confidentiality period.
When submitting a PPH request together with a request to have an application opened to public inspection before the expiry of the confidentiality period, please note that the Client Service Commitment for providing a first action in response to a PPH request is calculated from the date the application is laid open (rather than the date of the PPH request).
If the PPH request includes:
- a translation of the claims indicated as allowable by a PPH partner office, and the translated claims are identical to the claims on file at CIPO
- a voluntary amendment of claims that are identical to a translation of the claims indicated as allowable by a PPH partner office
You may indicate, in writing, that the translated claims and the claims on file are identical rather than submitting two sets of identical claims.
Please focus on the application as a whole rather than on specific claims. Many applications accepted into the PPH program are not in condition for allowance at the first action only because of minor description informalities that could be corrected in a voluntary amendment. These minor informalities include defects such as a statement that incorporates by reference another document (subsection 81(1) of the Patent Rules), and reference to documents that are not available to the public (subsection 81(2) of the Patent Rules).
Consider amending the application to correct known informalities that result from any differences between CIPO and Office of Earlier Examination (OEE) patent application requirements. Doing so may help further accelerate prosecution of the application.
Any inquiries concerning the PPH may be directed to the PPH Program Manager, or by calling the CIPO Client Service Centre at 819-934-0544 (international calls only), or toll-free at 1-866-997-1936.
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