US-JP Patent Examination Reciprocity Program Begins July 3
However, in order to be eligible to participate in the PPH pilot program in the USPTO, among other things
- The application must claim priority under the Paris Convention to one or more applications filed in the JPO;
- Examination of the U.S. application must not have begun;
- A copy of the claims that the JPO has determined to be allowable/patentable must be submitted, along with a correspondence table in English showing how all the claims in the U.S. application sufficiently correspond to the allowable/patentable claims from the JPO application;
- Office actions and cited references from the JPO must also be submitted; and
- A Petition to Make Special must be faxed with the petition fee.
Once the request for participation in the PPH pilot program and special status have been granted to the U.S. application, it will be taken up for examination by the U.S. examiner before all other categories of applications, except those clearly in condition for allowance, those with set time limits, such as examiner's answers, and those that have been granted special status for "accelerated examination."
Full requirements for participation in the trial program at the USPTO can be found at http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/pph_pp.pdf.
The procedures and requirements for filing a request to the JPO for participation in the PPH pilot program are available from the JPO web site at:www.jpo.go.jp/index.htm.