What happens if a request for PPH is made after examination has begun?

When a request for the Patent Prosecution Highway (PPH) is submitted after examination of a patent application has commenced, the request is typically denied. The PPH is designed to expedite the examination process based on a favorable examination result from another participating office, but it is contingent upon specific timing rules. These rules stipulate that a PPH request must be made before any substantial examination has been conducted.

If examination is already underway when the request is submitted, the basic principles that govern the PPH process restrict its acceptance at that stage, as it aims to streamline applications that have not yet been fully assessed. Thus, the denial of the request aligns with the procedural requirements of the PPH, ensuring that such requests are appropriately timed to allow for the expedited examination process under the PPH framework.