May 30, 2006

On July 3rd, a new patent prosecution “fast-track” program by the USPTO and the Japanese Patent Office (JPO) is set to run its initial one year period. This program, called the Patent Prosecution Highway, will allow both patent offices essentially work together on corresponding patent, including the sharing of search information and related work previously performed by one of the two patent offices. According to the USPTO, “under the Patent Prosecution Highway, an applicant receiving a ruling from either the JPO or the USPTO that at least one claim in an application is patentable may request that the other office fast track the examination of corresponding claims in corresponding applications.” The initial one year trial period will determine whether or not the program actually improves efficiency, generates sufficient interest, etc., and may be extended or ended early depending on its progress. According to Makoto Nakajima, the Commissioner of the JPO, “The Patent Prosecution Highway is a significant first step in the cooperative efforts to support U.S. and Japanese industries for their global patent-obtaining activities.”

USPTO News Release: LINK
Patent Prosecution Highway Requirements: LINK
Japan Patent Office Website: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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