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

In the context of a request for the Patent Prosecution Highway (PPH), it is essential to understand the timing and procedural rules surrounding such requests. When an applicant files for PPH, it is typically intended to leverage the results of an earlier examination from an office of first filing to expedite the examination process in the second office.

If a request for PPH is made after examination has already commenced, this generally leads to the denial of the PPH request. This outcome stems from the premise that the PPH is designed to apply at a point where examination has not yet started in the second office, as the process relies on certain prerequisites being met, such as the lack of an ongoing examination. Given that the PPH is predicated on the desire to streamline and possibly expedite the examination processes based on the findings of prior examinations, once examination has begun, the conditions necessary to grant a PPH application are no longer satisfied.

Thus, if a PPH request is made during an ongoing examination, it cannot fulfill the requisite criteria for approval, which results in the denial of the request. The need for coordination and reciprocal acknowledgment of findings between patent offices plays a critical role in shaping the requirements for eligibility, which is why timing is a crucial factor in