On January 31, 2013, the Canadian Intellectual Property Office
(CIPO) commenced a two-year pilot Patent Cooperation Treaty-Patent
Prosecution Highway (PCT-PPH) program with the United States Patent
and Trademark Office (USPTO). This complements the current PCT-PPH
program based on international work product established by CIPO
acting as International Searching Authority (ISA) or International
Preliminary Examining Authority (IPEA), which is now being
The PCT-PPH programs provide for expedited prosecution of claims
that have received a positive Written Opinion or International
Preliminary Report on Patentability from the ISA or IPEA. This
allows applicants to accelerate patent prosecution at an earlier
stage when compared to traditional PPH agreements and can result in
an extremely rapid grant of the patent.
CIPO will process requests for advanced prosecution under the
USPTO PCT-PPH program free of charge, but all other regular fees
for requesting examination will apply.
In addition to these PCT-PPH agreements, CIPO has a permanent
PPH agreement with the United States, and PPH pilot agreements with
Denmark, Finland, Germany, Israel, Japan, Korea, Spain and the
United Kingdom. These agreements allow for patent prosecution to be
accelerated in Canada based on a positive opinion from one of these
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