The Australian Patent Office is one of 13 patent offices from
around the globe that have joined forces to create a Global Patent
Prosecution Highway (GPPH) pilot program, which commenced on 6
Under the GPPH pilot program – where an applicant receives
a ruling from a participating patent office that at least one claim
in a patent application is allowable – the applicant may
request that another participating patent office accelerate
examination of a corresponding patent application.
In Which Countries can Examination be
Previously, Australia only had an ongoing Patent Prosecution
Highway agreement with the United States. The GPPH now provides
Australian patent applicants with access to accelerated examination
in the following countries:
What are the Requirements for Accessing the GPPH?
In order to be eligible for accelerated examination under the
GPPH, the following key requirements must be met:
at least one claim in a patent application filed at a
participating patent office must have been deemed allowable
the patent application in which examination is to be
accelerated must have the same priority date as the patent
application in which at least one claim has been deemed
the claims of the patent application in which examination is to
be accelerated must be the same as, similar to, or of a narrower
scope than, the claims deemed allowable.
Accelerated examination under the GPPH is also available for a
patent application based on a written opinion or examination report
of a corresponding Patent Cooperation Treaty application (issued by
a participating patent office acting as the International Searching
Authority or International Preliminary Examination Authority) that
indicates that at least one claim is allowable.
What are the Benefits of Utilising the
The GPPH provides a means to expedite examination of patent
applications in many jurisdictions, including those where expedited
examination was previously not readily available. The GPPH is
particularly advantageous where an applicant requires the grant of
patents quickly in a number of participating jurisdictions. By
increasing cooperation between participating patent offices around
the world, the GPPH should simplify patent examination and
prosecution, ultimately resulting in reduced costs to
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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