ARTICLE
13 August 2024

ARIPO & CHINA – Fast-tracked Patent Prosecution Expected Following The Launch Of Patent Prosecution Highway Pilot Program

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Adams & Adams

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Adams & Adams is an internationally recognised and leading African law firm that specialises in providing intellectual property and commercial services.
ARIPO and the China National Intellectual Property Administration (CNIPA) have agreed to co-operate in the implementation of a bilateral Patent Prosecution Highway pilot program...
South Africa Intellectual Property
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ARIPO and the China National Intellectual Property Administration (CNIPA) have agreed to co-operate in the implementation of a bilateral Patent Prosecution Highway pilot program, which will run for five years, from 8 June 2024 to 7 June 2029.

Patent Prosecution Highway (PPH) is a program that functions based on an agreement between jurisdictions, and it allows the acceleration of the examination of a patent application, provided that a corresponding patent application has been accepted as patentable by the IP office of one of the parties to the agreement. While, even in the case of ARIPO-CNIPA PPH, there are other requirements that must be met for a patent applicant to request accelerated examination, the PPH program, to an extent, alleviates applicants' and innovators' major concern regarding protracted delays in patent prosecution.

It is still early days to gauge the effectiveness of the implementation of the program at local administrative level, but there is great optimism following ARIPO'S receipt of the first patent application under the program in July. According to ARIPO, the collaboration between the two bodies is not only intended to expedite patent registration, but also to streamline the patent examination process; reduce costs for applicants; ensure legal certainty; and provide a more predictable patent protection process.

It is hoped that the program will encourage innovators to invest in the protection of their patents in the region.

SOURCE:
Notice – The African Regional Intellectual Property Organization (ARIPO)
Blog – The African Regional Intellectual Property Organization (ARIPO)

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