On 8th June 2024, the African Regional Intellectual Property Organization (ARIPO) and the China National Intellectual Property Administration (CNIPA) embarked on a significant initiative aimed at facilitating and expediting the patent examination process. This collaboration, known as the Patent Prosecution Highway (PPH) pilot program, is set to run for five years, concluding on 7th June 2029. The PPH pilot was first started between the JPO and the USPTO as far back as 2006. To date, however, the number of IP offices participating in the PPH programme has steadily increased to now 55 offices.
Overview of the PPH Program
The PPH program is strategically designed to allow applicants, whose patent applications have been reviewed and approved by either CNIPA or ARIPO (referred to as the Office of Earlier Examination), to seek accelerated examination of a corresponding application at the other office (referred to as the Office of Later Examination). This bilateral arrangement enables the second office to leverage the examination work already completed by the first office, thereby expediting the examination process and reducing redundancy.
Application Process
To benefit from the PPH program, applicants need to adhere to a specific procedure. This procedure involves the submission of a request for accelerated examination under the PPH Program. It is important to note that the PPH request must be preceded (or accompanied) by the standard request for substantive examination and the corresponding examination fee payment for that patent application. Notably, no additional fee is required for the accelerated examination under the PPH program.
Examination Criteria
For ARIPO patent applications to qualify for accelerated examination under the PPH Program, they must meet the base requirements stipulated for patent applications which include that all formalities must have been satisfied. Furthermore, substantive examination should not have commenced at the time of the PPH request.
Conclusion
The ARIPO-CNIPA PPH pilot program marks a significant step towards international collaboration in the field of intellectual property in the region. By leveraging the examination work done by either office, the program aims to reduce duplication of efforts, expedite patent grants, and enhance the overall efficiency of the patent system. Applicants seeking to benefit from this program may contact us for further guidance on the procedures and timelines of the PPH program.
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