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China – New Progress Of Patent Prosecution Highway With SIPO.

25 April, 2013

 

 

On 1 March 2013, the Austrian Patent Office and the Mexican Institute of Industrial Property officially became new collaborators with the China State Intellectual Property Office (“SIPO”) in the Patent Prosecution Highway Pilot Program (“PPH”).  The PPH with said two patent offices will last for 1 year and end on 28 February 2014.

 

So far, a total of 9 collaborators have entered into agreements with the SIPO for PPH, including Japan Patent Office (“JPO”), United States Patent and Trademark Office (“USPTO”), Korean Intellectual Property Office (“KIPO”), German Patent and Trade Mark Office, Federal Service for Intellectual Property of the Russian Federation, National Board of Patents and Registration of Finland, Denmark Patent and Trademark Office, and the two mentioned above. This indicates that more and more applications would benefit from the PPH.

 

According to our experience, in the case of using the PPH, the first office action can be issued within three months after the PPH request is approved by SIPO. Compared with the regular cases where first office actions are on average issued around 1 to 2 years after the substantive examination procedure commences, adopting PPH can definitely speed up the examination process. However, as the SIPO still carries out examination independently, the grant of patents by other collaborating patent offices cannot absolutely guarantee a grant of any patent in China.

 

 

For further information, please contact:
 
Wu-Bin Yan, Director, Ella Cheong (Hong Kong & Beijing)
yanwb@ellacheong.com

 

Linda LiuElla Cheong (Hong Kong & Beijing)

ddliu@ellacheong.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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