Widening The Patent Prosecution Highway

Law360, New York (August 8, 2011, 1:52 PM EDT) -- In October 2009, we wrote a Law 360 article that commented on the “glaring structural problem” of the one-way nature of the Patent Prosecution Highway programs.[1] The PPH programs allow an applicant who has received at least one allowable claim in a participating patent office to reuse that search and examination in a foreign counterpart application with corresponding claims.[2] Until now, the benefits only flowed in one direction, from the office of first filing ("OFF") to an office of second filing ("OSF").[3]

On July 1, 2011,...
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