PPH MOTTAINAI Pilot Set to Launch
(Easing of PPH Requirements)
gMOTTAINAIh is a Japanese term meaning ga sense of regret concerning waste when the intrinsic value of an object or resource is not properly utilizedh.
To make the PPH program more user-friendly and available for patent applicants, the PPH MOTTAINAI Pilot has launched on 15 July, 2011. The pilot which includes the JPO (Japan), USPTO (USA), UK-IPO (UK), CIPO (Canada), IP Australia (Australia), NBPR (Finland), ROSPATENT (Russia) and SPTO (Spain) will ease the requirements for requesting patent examinations.
* The EPO (European Patent Office) has commenced the "PPH MOTTAINAI" pilot program on January 29, 2012.
* The DPMA (Deutsches Patent- und Markenamt) has commenced the "PPH MOTTAINAI" pilot program on November 2012.
* The INPI (Institudo Nacional da Propriedade Industrial) has commenced the "PPH MOTTAINAI" pilot program on January 1, 2013.
The Patent Prosecution Highway (PPH) is a framework in which an application whose claims have been determined to be patentable in the Office of First Filing (OFF), is eligible to go through an accelerated examination in the Office(s) of Second Filing (OSF), upon the applicantfs request.
Although the number of requests for PPH has been increasing, it is still low compared to the total number of patent applications being filed in the world. PPH participating offices have been discussing ways to promote the utilization of PPH programs.
2. Scheme of PPH MOTTAINAI Pilot
Under the current PPH scheme, the OFF has to provide its examination results before any of the other offices accept PPH requests. This requirement puts a restriction on making PPH requests and prevents subsequent offices from fully utilizing the results of examinations conducted in the other offices, due to the fact that the OFF does not always conduct the examinations before the OSFs do theirs. In Japanese the situation can be described as gMOTTAINAIg or a gwasteh.
Therefore, the eight offices agreed to launch a revised PPH, called the PPH MOTTAINAI Pilot, which enables applicants to request for patent examinations under the PPH program, even under the following situations. Under the PPH MOTTAINAI Pilot, an applicant can make PPH requests at the Office of Later Examination (OLE) by using the examination results of the Office of Earlier Examination (OEE), provided that the OEE and OLE have a PPH MOTTAINAI agreement.
For more information, please visit the homepage of each office.
Case 1: OSF (Office B) provides the examination result to the OFF (Office A).
Case 2: OFF is other than Office A or Office B.
3. Pilot Period for the PPH MOTTAINAI Pilot
The PPH MOTTAINAI pilot commenced on 15 July, 2011, and is set to expire on 14 July 2012. But the pilot is extended indefinitely in most bilateral PPH after 15 July 2012. Please check each office's website and PPH guidelines for further details. Please note that because the PPH MOTTAINAI pilot is implemented through separate bilateral arrangements in place among the participating offices, each bilateral arrangement will be decided upon separately by the two participating offices, and such decision will affect only that bilateral arrangement. Other PPH arrangements in place throughout the network of participating offices remain unaffected.
Patent Prosecution Highway
Patent Prosecution Highway