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Apr. 27, 2016
  NAIP Portal  
 
PPH Programs have Sped up the Patent Prosecution Process in Taiwan
Anita Li/In-house reporter at IP Observer

The Patent Prosecution Highway (PPH) was established to enable an applicant, whose claims are determined patentable in the Office of First Filing (OFF), to have the corresponding application expedited to an Office of Second Filing (OSF), out of turn, for examination, while at the same time allowing the OSF to make use of the search and examination results of the OFF.  As a result, the PPH program saves time for both applicants and examiners. 

Fig. 1 How the PPH Works

At present, TIPO has successfully established four PPH programs with Spain, Japan, the US and South Korea. Table 1-1 to Table1-4 show statistics from TIPO, released in March. According to the statistics, the PPH between TIPO and the Japan Patent Office is the most popular PPH program and has accumulated 1,841 cases in total within 5 years.

Table 1-1 Number of PPH cases via the TIPO-USPTO PPH program (2011 Sept. - 2016 March)

Applicants by Countries

Apply Time

Taiwan

The US

Other Countries

Total

2011

3

35

1

39

2012

17

213

22

252

2013

16

221

34

271

2014

15

265

41

321

2015

10

246

71

327

2016 January

1

13

1

15

2016 February

0

10

2

12

2016 March

0

18

6

24

Total

62

1,021

178

1,261

Source: TIPO, 2016/4/8
Note: Applicants from other countries include Singapore (36), Netherlands(27), Israel (23), the UK (18), Canada (17), Germany (12), Japan (6), the Cayman Islands (5), Mainland China (5), Switzerland (5), Sweden (4), Italy (4), Saudi Arabia (3), Hong Kong (3), Malaysia (2), Mexico (1), France (1), Croatia (1), Luxembourg (1), South Korea(1), Turkey (1), The British Virgin Islands (1) and Ireland (1).   

Table 1-1 shows the statistics of TIPO-USPTO PPH cases from 2011 to 2016 March. There have been a total of 1,261 cases since the TIPO-USPTO PPH was launched, and applicants from the US made up 80%, suggesting that US companies are embracing the PPH.  Companies from other countries have also chosen the USPTO as their OFF, and then apply for a Taiwanese patent via the TIPO-USPTO PPH program. 

Table 1-2 Number of PPH cases via TIPO-JPO PPH program (2012 May ~ 2016 March)

Applicants by Countries

Apply Time

Taiwan

Japan

Other Countries

Total

2012

1

207

0

208

2013

4

489

0

493

2014

0

513

2

515

2015

1

513

9

523

2016 January

0

29

0

29

2016 February

0

27

0

27

2016 March

0

45

1

46

Total

6

1,823

12

1,841

Source: TIPO, 2016/4/8
Note: Applicants from other countries include Sweden (6), The US (3), Germany (1), Netherlands (1), and Singapore (1)

Table 1-2 shows the statistics for applications to the TIPO-JPO PPH program within the last 5 years.  Japanese companies have applied for 1823 patents in total via the TIPO-JPO PPH program (about 365 patents per year, one patent per day).  However, Taiwanese companies only filed 6 patents in the 5 year period.

Japanese firms seem to have taken to the TIPO-JPO PPH program more quickly and have adopted it as a useful tool to speed up the patent prosecution process. 

Table 1-3 Number of PPH cases via TIPO-SPTO PPH program (2013 Oct. ~ 2016 March)

Applicants by Countries

Apply Time

Taiwan

Spain

Other Countries

Total

2013

0

0

0

0

2014

0

1

0

1

2015

0

0

0

0

2016 January

0

0

0

0

2016 February

0

0

0

0

2016 March

0

0

0

0

Total

0

1

0

1

Source: TIPO, 2016/4/8

Table 1-4 Number of PPH cases via TIPO-KIPO PPH program (2015 July ~ 2016 March)

Applicants by Countries

Apply Time

Taiwan

Korea

Other Countries

Total

2015

0

5

1

6

2016 January

0

1

0

1

2016 February

0

0

1

1

2016 March

0

1

1

2

Total

0

7

3

10

Source: TIPO, 2016/4/8
Note: Applicants from other countries include Japan (2) and the US (1)

 

Author: Anita Li
Current Post: Chief Editor, NAIP Newsletter
Education: MA Journalism, China Culture University (Taiwan)
Prior Posts: Chief Editor, Solid State Technology -Taiwan
Chief Editor, CompuTrade International
Overseas Correspondent, Dempa Shinbun

 

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