Speed bumps for the patent highway please

Last week the US Patent and Trademark Office (USPTO) and its UK counterpart, the UK Intellectual Property Office (UK-IPO) embarked on a trial run to speed up the patent application process. What this means to applicants is that those who have already had a patent examination report conducted in one country, can now request an accelerated examination in the other. It’s intended to speed-up the process; critics say it hasn’t been thought through enough. 

Commenting on the agreement, Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of USPTO, outlined why those working in the patent system will benefit, he said; “Patent users worldwide want offices to cooperate more effectively. Our collective goal is to reduce duplication of work, speed up processing and improve quality” he went on to say the scheme ‘contributes to a more rational international patent system” 

The pilot scheme or Patent Prosecution Highway (PPH) is scheduled to run for 12 months, and if a similar extension of six months between the US and Japan is anything to go by, the UK venture could well follow suit. The UK-IPO says in their press release that the scheme will measure the demand from applicants and “quantify the quality and efficiency gains to be expected”. This also follows recommendations from last year’s Gowers Review that the UK-IPO share work with other international organisations.

Meanwhile critics say that the pilot scheme could do with further scrutiny. Apart from usefully outlining a breakdown of patent-application eligibility requirements for PPH; Eugene Quinn, Patent Attorney and blogger at the Practising Law Institute (PLI) complains of restrictions to continuing patent applications being limited from November will have a knock-on effect. It seems PPH applicants will end up penalising themselves, or as he puts it; “You would likely have to leave subject matter unclaimed in any pending application in order to use the PPH, which seems ridiculous.” 

Over at techdirt, president and CEO Mike Masnick asks on his blog; “Since patents are granting a rather complete monopoly, doesn't it make sense that they should be thoroughly reviewed before being granted?” He also questions, what happens if there are different levels of leniency between patent offices around the globe? If we are to assume the success of the scheme, more countries will want to sign up. Masnick argues that patent offices with a more relaxed reputation will attract companies wanting to push questionable patent applications through. What’s more is that they will be fast-tracked to boot.