PPH programme with Australian Patent Office extended
1. The European Patent Office has extend the PPH programme with the Australian Patent Office. The trial period for this programme, which was initially set up for three years from 1st of July 2016, has been extended for a further three year period until 30 June 2022.
2. Under this programme, examination may be accelerated before the EPO on the basis of :
- a PCT application for which a favorable written opinion or international preliminary report on patentability (IPRP) was issued by the Australian Patent Office in its capacity as ISA/IPEA; or
- a national work product established by the Australian Patent Office during the processing of a national application or;
- a PCT application having entered the national phase.
The program also allows acceleration of patent applications pending before the Australian Patent Office on the basis of a PCT application for which a favorable written opinion or IPRP was issued by the EPO or on the basis of a national work product issued for an EP application or a PCT application having entered regional phase before the EPO.
3. To be eligible to participate in the PPH at the EPO, the following requirements have to be met :
- the EP application must have the same earliest priority or filing date as the corresponding application;
- the corresponding application must have at least one claim considered as patentable/allowable;
- the claims of the EP application must sufficiently correspond to the patentable/allowable claims of the corresponding application; and
- the substantive examination of the EP application must not have begun.
Formal requirements at the EPO may include the provision of the relevant documents of the examination proceedings regarding the corresponding application, eventually along with a translation into one of the EPO official languages French, German or English.
This IP Alert is for information purposes only and does not constitute legal advice.