Patent Prosecution Highway Pilot Programme between the Intellectual Property Officeof Singapore and the China National Intellectual Property Administration
1.

BackgroundTo obtain patent protection for an invention in several countries usually requires theinvention to be searched and examined in each of the countries. If the patentauthorities in these countries were to share the results of their search and/or
examination with each other, the opportunity for a patent office to make reference toearlier work done could have several potential benefits:•

Reduced work – Reference to the earlier work done could reduce or eveneliminate the need for subsequent search and examination work.

•

Faster prosecution – The reduced work could generally lead to a fasterprosecution of the patent application.

•

Better search and examination – The other patent authorities might have accessto databases unavailable (e.g. specific technical databases, local databases,
databases in other languages) to the examiner, therefore the opportunity to referto these search and examination results could provide the examiner withinformation on and assessment of prior art that he or she would otherwise nothave access to.

2.

Patent Prosecution Highway Pilot Programme

2.1

The Patent Prosecution Highway (PPH) pilot programme between the Intellectual
Property Office of Singapore (IPOS) and the China National Intellectual Property
Administration (CNIPA) is one way for the two offices to share their search andexamination results with each other.

2.2

PPH Mottainai(1) Where IPOS is the Office of Earlier Examination (OEE) and the IPOS application
contains claims that are determined to be allowable/patentable, the applicant may
request accelerated examination at the CNIPA for the corresponding application
or national phase application filed with the CNIPA as the Office of Later
Examination (OLE).
(2) For PPH Mottainai using national products from the CNIPA as OEE, the earliest
application must be filed with the CNIPA or IPOS.
(3) Where the CNIPA is the OEE and the CNIPA application contains claims that are
determined to be allowable/patentable, the applicant may request accelerated
examination of the corresponding application or national phase application filedwith IPOS as the OLE by furnishing certain information of the CNIPA application
as set out in the requirements and procedures below. For the avoidance of doubt,
the applicant is required to provide all necessary documents to IPOS.

2.3

The IPOS application, which validly claims priority to multiple CNIPA or direct PCT
applications, or which is the divisional application validly based on the originally filed
application that is included in section (2.2) above, is also eligible.

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2.4

The requirements and procedures for filing a request with the CNIPA for participationin the PPH pilot programme are available from the CNIPA website at:https://www.cnipa.gov.cn/col/col341/index.html

3.

PPH Pilot programme

3.1

The PPH pilot programme commenced on September 1, 2013 and will be extended
till August 31, 2026.

3.2

IPOS and the CNIPA will evaluate the results of the pilot programme to determine
whether and how the programme should be fully implemented. The Offices may also
suspend or terminate the PPH pilot programme if the volume of participation exceeds
manageable level, or for any other reason, by providing three (3) months in writing tothe other Office. Notice will be published if the PPH pilot programme will besuspended or terminated for any reason.

4.

Requirements and procedures for requesting accelerated examination of an
IPOS patent application under the PPH

4.1

Requirement

4.2

1

(1)

The IPOS application has not had a valid Patents Form 10 (Request for Search
Report or Supplementary Search Report), Patents Form 11 (Request for
Search and Examination Report) or Patents Form 12 (Request for Examination
Report) filed yet.

(2)

At least one corresponding application exists in the CNIPA and has one ormore claims that are determined to be allowable/patentable1 in a substantive
examination carried out by the CNIPA.

(3)

All claims in the IPOS application must sufficiently correspond to theallowable/patentable claims in the CNIPA application. Claims will be consideredto sufficiently correspond where, accounting for differences due to translations
and claim format requirements, the claims are of the same or similar scope, orthe claims are narrower in scope. In this regard, a claim that is narrower inscope occurs when a claim in the IPOS application is amended to be further
limited by an additional technical feature that is supported in the specification.

(4)

Examination has not begun on the IPOS application.

(5)

Diagrams depicting a list of scenarios in which a request for accelerated
examination of the IPOS application can be made under the PPH pilot
programme are found in Annex I.

The Procedures(1)

File duly completed Patents Form 11 (Request for Search and Examination
Report) or Patents Form 12 (Request for Examination Report). These forms
can be found at https://digitalhub.ipos.gov.sg/ (electronic versions for online
filing).

(2)

The Patents Form 11 or Patents Form 12 must be accompanied by:

Allowed claims from a utility model cannot be used to form the basis for requesting PPH in IPOS.

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(a) a copy of all office actions of the CNIPA application being relied upon;(b) a copy of the allowable/patentable patent claims referred to in (2)(a) above;and(c) a claims correspondence table showing the relatedness of theallowable/patentable claims referred to in (2)(a) above to the claims in thecurrent IPOS application. The format of the Claims Correspondence Table
is found in Annex II.
(3)

The documents listed in (2)(a) above can be either the:a) national work product including Decision to Grant a Patent,
First/Second/Third/...Office Action, Decision of Refusal, Reexamination
Decision or Invalidation Decision established by the CNIPA as thenational Office during the processing of a national application or a
Patent Cooperation Treaty (PCT) application that has entered thenational phase before the CNIPA; orb) PCT work product including (i) written opinion established by the CNIPA
as the International Searching Authority or International Preliminary
Examining Authority or (ii) the international preliminary examination
report issued within the framework of the PCT.

4.3

(4)

For avoidance of doubt, a copy of the patent grant without the documents listedin (2)(a), (b) and (c) above will not qualify for the PPH.

(5)

The checkbox for “ASPEC/PPH” must be selected in the Patents Form 11 or
Patents Form 12.

(6)

If the request for PPH is sought after the Patents Form 11 or Patents Form 12
is filed, an email must also be sent to IPOS at PT_acceleration@ipos.gov.sg.
The email must contain in its subject, the title "PPH acceleration requested"and should also inform whether any amendments are required to conform theSingapore claims to the foreign allowed claims. Upon receipt of the email, IPOS
will advise if examination has started on the IPOS application, and if
examination has not started, we will invite the applicant to submit the relevant
PPH
documentsin
4.2(2)
via
ad-hoccorrespondenceathttps://digitalhub.ipos.gov.sg/.

(7)

All subsequent correspondences with IPOS must be similarly marked with thephrase “IPOS-CNIPA PPH acceleration requested”.

Cited Documents
A copy of each of the documents cited in the documents submitted under paragraph
4.2 (2)(a) is not required at the time of filing the PPH request. IPOS may, however,require the applicant to furnish a copy of any document cited subsequently.

4.4

Translations(1)

The documents in paragraph 4.2 must be accompanied by an English
translation if they are not originally in English, at the time of filing the PPH
request.

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(2)The documents in paragraph 4.3 may be filed in their original language.
However, IPOS may subsequently request for an English translation of adocument or a part of a document if an English abstract of the cited document
is not available.

(3)

If it is not possible for IPOS to understand the English translation of any
document, IPOS can request the applicant to resubmit the English translationof that document.

4.5

IPOS applications which request accelerated prosecution under the PPH pilot
programme will be processed in accordance with the Singapore Patents Act (Cap.
221) and the Singapore Patents Rules. The legislations can be found at:https://www.ipos.gov.sg/resources/ip-legislation.

4.6

In those instances where the PPH request does not meet all the requirements andprocedures set forth above, the applicant will be notified and the deficiencies in therequest will be identified. The applicant will be given one opportunity to correct formal
deficiencies identified in the request. If the request is not corrected, the application
will be taken out of the PPH pilot programme and the applicant will be notified.

4.7

Applicants should seek professional advice on patent matters in Singapore, inparticular, with reference to section 30 (Grant of patent) and section 69 (Restrictions
on relief for infringement) of the Singapore Patents Act (Cap. 221).

5.

Enquiries
For enquiries relating to the Patent Prosecution Highway pilot programme, please
send an email to PT_acceleration@ipos.gov.sg.

INTELLECTUAL PROPERTY OFFICE OF SINGAPOREDATE: 2 June 2022
Last updated: July 2023

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Annex I
Scenarios using the National Work Product
Scenario 1(a): The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from the CNIPA application being relied upon for the PPH request.

Indication ofallowable/patentableclaim(s)CNIPAapplication
Priority
claim

Requestfor PPH

IPOS
application

Scenario 1(b): The request for PPH can also be made where the CNIPA application claims
priority from the IPOS application and the CNIPA application is being relied upon for PPH
request.

Requestfor PPH

IPOS
application
Priority
claim

Indication ofallowable/patentableclaim(s)CNIPAapplication

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Scenario 2(a): The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from the CNIPA application being relied upon for the PPH request
and applications filed in any office other than the IPOS or the CNIPA.

Indication ofallowable/patentableclaim(s)CNIPAapplication

Application inanother officePriority
claim

Priority
claim

Request for
PPH

IPOS
application

Scenario 2(b): The CNIPA application being relied upon for the PPH request validly claims
priority from the IPOS application and applications filed in any office other than the IPOS or
the CNIPA.

Request for
PPH

IPOS
application

Application inanother officePriority
claim

Priority
claim
Indication ofallowable/patentableclaim(s)CNIPAapplication

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Scenario 3(a): The IPOS application is a divisional application of the IPOS applicationreferred to in (1) above, and said divisional application validly claims priority under section
17 of the Singapore Patents Act (Cap. 221) from the CNIPA application being relied upon for
the PPH request.

Indication ofallowable/patentableclaim(s)CNIPAapplication
Priority
claim

IPOS1
application
Divisional

IPOS2
application

Request for
PPH

Scenario 3(b): The CNIPA application is a divisional application of the CNIPA applicationreferred to in (1) above, and said divisional application validly claims priority from the IPOS
application and the divisional application from CNIPA could be relied upon for the PPH
request.

Request for
PPH

IPOS
application
Priority
claim

CNIPA1application
Divisional

CNIPA2application

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Indication ofallowable/patentableclaim(s)Scenario 4: The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from a CNIPA application, and the CNIPA application being relied
upon for the PPH request also validly claims priority under China law from said earlier
CNIPA application.

CNIPA1application

Domestic Priority
claim

Priority
claim

CNIPA2application

Indication ofallowable/patentableclaim(s)Requestfor PPH

IPOS
application

Scenario 5: The IPOS application is a divisional application of the IPOS application referred
to in (3) above, and said divisional application validly claims priority under section 17 of theSingapore Patents Act (Cap. 221) from a CNIPA application, and the CNIPA application
being relied upon for the PPH request also validly claims priority under China law from said
earlier CNIPA application.

CNIPA1application

Priority
claim

Domestic Priority
claim

CNIPA2application

Indication ofallowable/patentableclaim(s)IPOS application
Divisional

IPOS2
application

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Requestfor PPHScenario 6(a): The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from a PCT application. The CNIPA application being relied upon for
the PPH request is a national phase entry of the PCT application.

CNIPA NPapplication
PCT
application

Indication ofallowable/patentableclaim(s)Priority
claim

Request for
PPH

IPOS
application

Scenario 6(b): The CNIPA application validly claims priority from a PCT application. The
CNIPA application could be relied upon for the PPH request for a IPOS national phase entryof the PCT application.

IPOS NPapplication

Request for
PPH

PCT
application

Priority
claim

Indication ofallowable/patentableclaim(s)CNIPAapplication

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Scenario 7(a): The IPOS application is a national phase entry of a PCT application (“IPOS
NP application”), and the IPOS application validly claims priority under section 17 andsection 87 of the Singapore Patents Act (Cap. 221) from a CNIPA national application, and itis this CNIPA national application that is being relied on for the PPH request.

CNIPA
application

Indication ofallowable/patentableclaim(s)Priorityclaim

PCT
application

Requestfor PPH

IPOS NPapplication

NP = National Phase

Scenario 7(b): The CNIPA application is a national phase entry of a PCT application(“CNIPA NP application”), and the CNIPA application validly claims priority from a IPOS
national application, and it is the CNIPA NP application that is being relied on for the PPH
request.

IPOS
application

Requestfor PPH

Priorityclaim

PCT
application

CNIPA NPapplication

Indication ofallowable/patentableclaim(s)NP = National Phase

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Scenario 8: The IPOS application is a national phase entry of a PCT application, and theIPOS application validly claims priority under section 17 and section 87 of the Singapore
Patents Act (Cap. 221) from a CNIPA national application. The CNIPA application being
relied upon for the PPH request is a national phase entry of the same PCT application, andthe CNIPA application being relied upon for the PPH request validly claims priority under
China law from said CNIPA national application.

CNIPA1application
Priority
claim

CNIPA2 NP
application

PCT
application

IPOS NPapplication

Indication ofallowable/patentableclaim(s)Requestfor PPH
NP = National Phase

Scenario 9: There is a first PCT application. There is a second PCT application validly
claiming priority from the first PCT application. The IPOS application is a national phaseentry of the second PCT application, and the IPOS application validly claims priority under
section 17 and section 87 of the Singapore Patents Act (Cap. 221) from the first PCT
application. The CNIPA application being relied upon for the PPH request is a national
phase entry of the second PCT application, and the CNIPA application validly claims priority
under China law from the first PCT application.

First PCT
application
Priority
claim

Second PCTapplication

CNIPA NPapplication
IPOS NPapplication

Indication ofallowable/patentableclaim(s)Requestfor PPH
NP = National Phase

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Scenario 10: There is a first PCT application. There is a second PCT application validly
claiming priority from the first PCT application. The IPOS application (“IPOS NP application”)
is a national phase entry of the second PCT application. The CNIPA application (“CNIPA NP
application”) being relied upon for the PPH request is a national phase entry of the first PCT
application.

CNIPA NPapplication
First PCT
application

Priority
claim

Indication ofallowable/patentableclaim(s)IPOS NPapplication

Requestfor PPH

Second PCTapplication

Scenario 11: The IPOS application (“IPOS NP application”) and the CNIPA application(“CNIPA NP application”) being relied upon for the PPH request, are national phase entriesof the same PCT application.

CNIPA NPapplication
PCT
application

IPOS NPapplication

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Indication ofallowable/patentable claim(s)Requestfor PPHScenarios using the PCT Work Product
Scenario 12: The IPOS application is a national phase entry of the PCT application (“IPOS
NP application”). The PCT application is being relied upon for the PPH request and it isexamined by the CNIPA as International Authority (IA).

WO/ISAWO/IPEA
IPER

PCTapplication

IPOS NPapplication

CNIPA
/IA

Requestfor PPHNP
application
NP = National Phase

Scenario 13: There are two PCT applications, the second application validly claiming priority
from the first application. The IPOS application is a national phase entry of the second PCTapplication (“IPOS NP application”). The second PCT Application is being relied upon for the
PPH request and it is examined by the CNIPA as International Authority (IA).

First PCT
application
Priority
claim

Second PCTapplication

WO/ISAWO/IPEA
IPER
IPOS NPapplication

CNIPA/
IA

Request for
PPH

NP
application
NP = National Phase

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Scenario 14: There is a first application filed in any office. The PCT application validly
claims priority from the first application. The IPOS application is a national phase entry of
the PCT application (“IPOS NP application”). The PCT application is being relied upon for
the PPH request and it is examined by the CNIPA as International Authority (IA).

Application in
any officePriorityclaim

PCT
application

WO/ISAWO/IPEA
IPER
IPOS NPapplication

CNIPA/
IA

Request for
PPH

NP
application
NP = National Phase

Scenario 15: The PCT application validly claims priority from an IPOS application. The PCT
application is being relied upon for the PPH request for the IPOS application and it isexamined by the CNIPA as International Authority (IA).

Request for
PPH

IPOS
Application
Priorityclaim

WO/ISAWO/IPEA
IPER

PCTapplication

CNIPA/
IA

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Scenario 16: There are two IPOS application. The PCT application validly claims priority
from the first IPOS application (“IPOS 1 Application”). The second IPOS application (“IPOS 2
Application”) is a divisional application of the first IPOS application. The PCT application,
examined by the CNIPA as International Authority (IA), is being relied upon for the PPH
request for the second IPOS application.

IPOS 1
Application
Divisional

IPOS 2
Application

Priorityclaim

WO/ISAWO/IPEA
IPER

PCTapplication

CNIPA/
IA

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Request for
PPHScenario 17: There are two PCT applications, the second application validly claiming priority
from the first application. The IPOS application is a national phase entry of the second PCTapplication (“IPOS NP application”). The first PCT application is being relied upon for the
PPH request and it is examined by the CNIPA as International Authority (IA).

WO/ISAWO/IPEAIPER
CNIPA/
IA

First PCT
application
Priority
claim

IPOS NPapplication

Second PCTapplication

Requestfor PPH

NP application
NP = National Phase

Scenario 18: The IPOS application validly claims priority under section 17 of the Singapore
Patents Act (Cap. 221) from the PCT application. The PCT application is being relied upon
for the PPH request and it is examined by the CNIPA as International Authority (IA).

WO/ISAWO/IPEA
IPER

PCTapplication

CNIPA/
IA

Priority
claim

IPOS
application

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Request for
PPHScenario 19: The IPOS application is a divisional application of another IPOS applicationthat is a national phase entry of a PCT application (“IPOS NP application”). The PCT
application is being relied upon for the PPH request and it is examined by the CNIPA as
International Authority (IA).

WO/ISAWO/IPEA
IPER

PCTapplication

CNIPA/
IA

IPOS NPapplication
NP application

Divisional

IPOS
application

NP = National Phase

Requestfor PPH

Note: The PCT work products are namely the Written Opinion of the International Search Authority (WO/ISA), theWritten Opinion of the International Preliminary Examining Authority (WO/IPEA) or the International Preliminary
Examination Report (IPER).

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Annex II
Claim Correspondence Table (Patent Prosecution Highway)

OFFICE OF FIRST FILING (OFF)OFF APPLICATION NUMBER

CLAIMS IN IPOS
APPLICATION2

EXAMINED CLAIMSIN OFF
APPLICATION3

EXPLANATION REGARDING THE
CORRESPONDENCE

Sheet …./….
All the claims in the IPOS application sufficiently correspond to the patentable/allowable claims in the
OFF application.

2

Please indicate the claim number relating to a claim in the current application which corresponds to the allowable/patentableclaim in the OFF application.
3
Please indicate the claim number relating to a claim that has been determined to be allowable/patentable.

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