The 5th Plurilateral Patent Prosecution Highway (PLPPH) Meeting at the working level, initiated by the European Patent Office (EPO), was held in Munich on October 29 and 30.
At the meeting, 21 representatives of national/regional intellectual property offices gathered, including Rospatent.
The program of the meeting included the following:
1. PPH 2.0
The PPH 2.0 program aims at unifying, simplifying and enhancing efficiency of the bilateral PPH pilot programs, in particular:
- using of the electronic dossier systems for access to application documents (Dossier Access System);
- allowing for self-certification of claims by applicant, which had been determined to be patentable in an Office of First Filing to go through an examination in an Office of Second Filing.
2. “PPH common guideline” (common procedure to file a request) for applicants.
The Offices discussed the “PPH common guideline” project (Part I – ‘PPH program using the domestic work products’, and Part II – ‘PPH program using the PCT international work products (PCT-PPH)’, providing features that reflect the peculiarities of the national patent laws.
The participants of the meeting pointed out that the “PPH common guideline” is an important step toward unification of the requirements that will significantly simplify and clarify the PPH system, become more effective and attractive to the users. In addition, the guideline will simplify the process of the conducting of negotiations on making new agreements. The guideline will become the next step toward establishing the plurilateral PPH program.
To improve the guideline by the next meeting held either on April or May, 2013, the meeting participants agreed upon the necessity of developing comments on the guideline before the end of 2013. The comments will be presented at the next meeting held in Geneva on October, 2013 between the heads of the Offices being the PHP members for approval.
Future development of the PPH
According to the results of the 4th Plurilateral Patent Prosecution Highway Working Level Meeting, EPO prepared a proposal to create uniform and universal PPH scheme (including the features of PPH-MOTTANAI, PPH 2.0 and PCT-PPH), within the framework of which special attention shall be paid to improving examination quality that is a necessary condition for making a transition to a plurilateral agreement.
During the meeting, the participants pointed out the necessity of taking an approach, subject to which all the Offices must have the opportunity to be a party to plurilateral agreement. In addition, the participants confirmed that making a transition to a plurilateral agreement requires carrying out further analysis of the situation and particular period of time accordingly.
International Cooperation Department