Patent Prosecution Highway: Fast Tracking Your Application

​​Patently Strategic - Patent Strategy for Startups

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Getting a patent is no quick process. In the time between filing and issuance, your application will go through several stages, often from multiple patent offices and with months or years between stages. The total process can take two to five years and sometimes longer. But who has time for that? Sometimes you need a patent, and you need it fast. Luckily, there are some options for fast tracking your application.
In today’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion along with our all star patent panel, exploring one of these options – the Patent Prosecution Highway (PPH) and how it can significantly speed up prosecution between international jurisdictions with similar policies.
Ashley is joined today by an exceptional group of IP experts including:
* Steve Stupp, Partner at Stupp Associates, LLC.
* David Jackrel, President of Jackrel Consulting
* Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting
* Dominic Filice, Patent Expert at Parola Analytics, Inc.
As was the case with the last episode, our discussion panel really jumps right into the thick of the material and in retrospect we thought it might be helpful for the not yet IP experts out there to set the table a bit. I sat down again with Ashley for a brief conversation to help set the stage for what the patent prosecution highway is, how it fits into the patenting process, and when it might make sense for you. We discussed:
* Real numbers on how long it takes to get a patent under normal circumstances without an expedited path.
* Options for skipping in line and fast tracking your application when you need to move more quickly (U.S. and International options).
* Benefits, risks, costs, and relative time implications for PPH, Track One Prioritized Examination, and Accelerated Examination.
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** Resources **
* Show Notes: https://www.aurorapatents.com/blog/new-podcast-patent-prosecution-highway
* Slides: https://www.slideshare.net/JoshSloat1/patent-prosecution-highway-fast-tracking-your-application
** Follow Aurora Consulting **
* Home: https://www.aurorapatents.com/
* Twitter: https://twitter.com/AuroraPatents
* LinkedIn: https://www.linkedin.com/company/aurora-cg/
* Facebook: https://www.facebook.com/aurorapatents/
* Instagram: https://www.instagram.com/aurorapatents/

And as always, thanks for listening!
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Note: The contents of this podcast do not constitute legal advice.

Chapters

1. Intro (00:00:00)

2. How long it takes to get a patent (00:01:36)

3. Expedited options for accelerating patent prosecution (00:03:27)

4. Cost, benefit, risk, and time comparison (00:14:50)

5. Production sidenote (00:16:21)

6. Panel discussion start (00:16:39)

7. Global PPH and IP5 PPH (00:16:55)

8. PPH participating countires (00:19:31)

9. Eligibility for PPH (00:21:43)

10. PPH form and process (00:23:18)

11. EPO PPH quirks (00:23:58)

12. Results in different countries (00:25:44)

13. Caveats (00:26:04)

14. Practitioner experiences (00:27:08)

15. UK/Brexit considerations and clarifications (00:31:50)

16. Differences in 371 vs 111 continuation from a PCT (00:32:56)

17. Outro (00:35:24)