China's Patent Prosecution Highway: Tips For US Applicants

New York, Law 360 (August 13, 2015, Eastern Standard Time 10: 17) - China implemented a patent examination highway program to expedite the review of the invention patent application in December 2011. As of the end of December 2014, the National Intellectual Property Department of China accepted 9,587 requests.

The Patent Prosecution Highway (PPH) is a framework of agreements between patent offices in each country. Under this framework, a request for a patent (hereinafter referred to as the "first filing office" or "off") to which the first national patent office can acquire a patent may be filed in the second country at the request of the applicant It is eligible to pass the early review process. Those submitted by the authorities (hereinafter referred to as "second application office" or OSF)

A patent application is an integral part of the patent application process. The term "prosecution" refers to the interaction (prior prosecution) or the grant of a patent (prosecution after approval) between the applicant and the national patent office relating to the patent application. Prosecution before and after delegation may include objections and amendments, but prosecution prior to delegation usually involves a lawsuit (or review report) in the office issued by the Patent Office, Answer, as well as an interview or hearing by the examiner.

Once submitted, the patent application will be "litigation". The patent examiner reviews the patent application and decides whether it meets the patentability requirements of the country. If the application does not meet the requirements, the applicant may respond to the applicant or its patent attorney or attorney through the Office action. Although the number of possible office actions and responses may vary from country to country, ultimately the final refusal by the Patent Office, or the grant of a patent application, may be based on executable patents issued upon payment of additional fee I will bring it. In some jurisdictions, a third party may have the opportunity to file opposition proceedings between grant and issue or issue.