Changes in the Patent Prosecution Highway agreement between DKPTO and CIPO

In Insights, Uncategorized

26 September, 2013

Effective 30 July 2013, the part of the PPH-agreement between The Danish Patent- and Trademark Office (DKPTO) and The Canadian Intellectual Property Office (CIPO) applicaple for applicants using the DKPTO as the Office of First Filing, i.e. typically Danish applicants, has been changed by the CIPO to have the same requirements as a PPH MOTTAINAI agreement. The PPH MOTTAINAI has been described previously by the Awapatent IP Blog in more detail – see here.

Thus, within one patent family, irrespective of the origin of the priority application(s), it is now possible to use a positive examination result originating from any of the offices with which the CIPO has a PPH agreement to request prosecution under the PPH at the CIPO.

Simultaneously, the part of the agreement applicaple for applicants using the CIPO as the Office of First Filing, i.e. typically Canadian applicants, has been upgraded to a so-called “PPH-agrement version 2.0”.

The PPH-agrement version 2.0, which the Awapatent IP Blog has described previously in more detail here, introduces the significant simplification that it no longer matters which office is the Office of First Filing and Office of Second Filing, respectively.

Hence, it is now also possible to use the examination result of the Office of Second Filing to request examination under the PPH at the Office of First Filing.

Troels Peter Rørdam, European Patent Attorney & Certified Danish Patent Agent

Link to the DKPTO-CIPO PPH-agreement version 2.0:
At DKPTO: http://internationalcooperation.dkpto.org/patent-prosecution-highways/pph-between-denmark-and-canada.aspx
At CIPO: http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02163.html

You may also be interested in:

Validation agreement between EPO and Georgia enters into force

On January 15, 2024, the validation agreement between the European Patent Organisation (EPO) and Georgia entered into force. Patent

Read more...

How implementing regulations will affect foreign patent applicants in China

On December 21, 2023, the China State Council issued Implementing Regulations of the Patent Law (Regulations). The Regulations became

Read more...

CNIPA issues draft regulations on GIs – what you need to know

On 18 September 2023 the China National Intellectual Property Administration (CNIPA) issued the “Draft Regulations on the Protection of

Read more...

Mobile Sliding Menu