Patent Prosecution Highway: Fast Tracking Your Application
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Jul 28, 2021
Learn about the benefits and options for expediting the patenting process, including the Patent Prosecution Highway (PPH). Discover strategies for fast-tracking applications and the advantages of a focused approach. Understand the concept of PPH, its agreements, and forms for specific countries. Explore the process of filing patents internationally and the differences between the PCT pathway and direct filing.
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insights INSIGHT
Patents Typically Take Years
Filing a US patent typically takes two to five years from filing to issuance.
International prosecution often adds years due to 30-month PCT pendency and country-specific delays.
volunteer_activism ADVICE
Explore Early-Examination Options
You can request early examination or use country-specific expedited routes instead of waiting full statutory delays.
Talk to foreign associates to learn which fast-track options each country offers and when to use them.
volunteer_activism ADVICE
Beware Admitting Prior Art In Accelerated Exam
Avoid accelerated examination unless you accept explicitly identifying and charting prior art on the record.
That upfront admission creates legal risk and usually increases practitioner work and cost.
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Getting a patent is no quick process. In the time between filing and issuance, your application will go through several stages, often from multiple patent offices and with months or years between stages. The total process can take two to five years and sometimes longer. But who has time for that? Sometimes you need a patent, and you need it fast. Luckily, there are some options for fast tracking your application.
In today’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion along with our all star patent panel, exploring one of these options – the Patent Prosecution Highway (PPH) and how it can significantly speed up prosecution between international jurisdictions with similar policies.
Ashley is joined today by an exceptional group of IP experts including:
* Steve Stupp, Partner at Stupp Associates, LLC. * David Jackrel, President of Jackrel Consulting * Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting * Dominic Filice, Patent Expert at Parola Analytics, Inc.
As was the case with the last episode, our discussion panel really jumps right into the thick of the material and in retrospect we thought it might be helpful for the not yet IP experts out there to set the table a bit. I sat down again with Ashley for a brief conversation to help set the stage for what the patent prosecution highway is, how it fits into the patenting process, and when it might make sense for you. We discussed:
* Real numbers on how long it takes to get a patent under normal circumstances without an expedited path. * Options for skipping in line and fast tracking your application when you need to move more quickly (U.S. and International options). * Benefits, risks, costs, and relative time implications for PPH, Track One Prioritized Examination, and Accelerated Examination.
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