PPH Flashcards
In PPH applications, applicant’s get how many tries to perfect request:
1 to submit, 1 to correct
In order to be eligible for entry into the Patent Prosecution Highway (PPH), the applicant must have:
already received an indication of allowable subject matter in a related patent application from a partnering PPH office.
common earliest date of priority with application with allowable subject matter
submitted within one year of previous application
No more than 4 independent claims, 30 dependent
Rule for entry into the PPH says that examination CANNOT have:
substantive examination (this does NOT include , not substantive)
Office actions that are NOT substantive for PPH:
Notice of Missing Parts
Restriction
Claims that do not sufficiently correspond may:
be amended to sufficiently correspond
independent claim cannot be:
narrower than claims deemed allowable in the OEE.
Must be broadened to correspond
Under PPH, participating patent offices have agreed that when an applicant receives a _____ ruling from a first patent office that at least ___ ____ is allowable, the applicant may request fast track examination of corresponding claim(s) in a corresponding patent application that is pending in a second patent office.
final
one claim
There is ____ fee under the PPH programs
no
if a copy of the office action from the OEE is available via the Dossier Access System, the applicant _______
the USPTO obtain the copy via the Dossier Access System.
may request that
meaning you do not HAVE to submit a copy of the original application
Only AFTER ________ may an applicant _______ priority in a ______ window after the 12 month requirement to apply
Dec 18 2013 (PLTIA date)
restore
2 month
If an application has multiple Offices of Earlier Examination (e.g multiple applications in several countries) an indication of allowable claims from ________ can support a request for entry into the PPH.
ANY Office of Earlier Examination (OEE)
It does not matter which country the indication of allowability comes from
Instead of being the regular 12 months for common priority in a PPH request, for a PCT application the window is ______ months
30