Patenting around the world

If you are seeking protection for your invention at the international level, an acceleration request under the Global Patent Prosecution Highway (GPPH) may be an interesting option for you. This is a fast-track way to apply for and have your invention examined internationally. Participation in the GPPH at the DPMA is free of charge.

The prerequisite for participating is that you have already filed, at a GPPH partner office, a patent application with the same content and the same filing date or priority date. Furthermore, the office of first filing must have considered the invention to be patentable – at least for one patent claim. This means, for example, that you must have received a patent or a positive PCT search report.

Another option is to file a patent application simultaneously with several GPPH patent offices. As soon as one of these offices considers the invention to be patentable, you can request accelerated examination – of the same claims – at the other patent offices. You may have to submit patent claims that have been modified accordingly together with the request for accelerated examination. In that case, the offices can share their work and search results. However, they are not bound by the work results of the other offices.

Further information on the GPPH

• Framework provisions for the GPPH system and Annex B (GPPH pilot criteria) and Annex C (Fundamental principles of the GPPH system)

As the National Intellectual Property Administration of the People’s Republic of China (CNIPA) does not participate in the GPPH, the DPMA maintains a bilateral PPH pilot programme with the CNIPA. The options available are basically the same as for the GPPH, with the only restriction that the PPH request cannot be based on a PCT search report.