Slowdown on Patent Prosecution Highway (PPH), But Still Twice As Fast

The USPTO is increasing first action pendency (the time from filing to first office action) in PPH applications: from an average of 7.5 months to an average of 11 months, varying by technology area. The USPTO will continue to adjust the pendency to be approximately half of that of non-PPH applications in the same technology area, which currently averages 22 months across the USPTO.

Reminders About PPH

• An applicant can file a PPH request for an application if claims have been allowed in a corresponding application in another country
• A granted PPH request speeds up examination and is correlated with an increased likelihood of allowance
• The PPH request has $0 in USPTO costs
• Track One prioritized examination doesn’t require allowable claims in another country, but its benefit evaporates if you take an extension of time or file a request for continued examination (RCE), and its USPTO costs are currently $4,665 ($1,866 for small entities)
• Quick facts from 2024 data: ~8,600 PPH filings in the US (~2% of USPTO applications); ~11,000 PPH filings outside the US by US applicants