The Patent Prosecution Highway: Is Life in the Fast Lane Worth the Cost
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The Patent Prosecution Highway: Is Life in
the 'Fast Lane' Worth the Cost?
ALICIA PITTS* AND JOSHUA KIM, PH.D.**
I. Background and Introduction
As the world continues to become more interconnected through
the globalization of commerce, patent offices around the world are
increasingly taking advantage of the globalization and emerging new
technologies to maximize efficiency and cooperation in examining
patent applications. Commissioners of a number of patent offices
have acknowledged the importance of working together because
there has been a great increase in the number of patent applications
being filed and in the number of same inventions being patented in
multiple countries. This suggests that there is a great deal of
redundant work done at each patent office and that it may be useful
to combine efforts to minimize duplicative examination and to
expedite allowance. Concentrating on these goals is important to
patent offices, while patent applicants will be watching closely to see
how they will be affected by the means implemented to accomplish
those goals.
The creation of a global network must be balanced with a patent
applicant's desire to obtain the most comprehensive intellectual
property rights possible in each of the countries where the applicant is
applying for patents. Additionally, the patent applicant often desires
obtaining a patent in the shortest possible amount of time. The
United States Patent and Trademark Office (USPTO) currently
has a backlog of more than 760,000 patent applications, suggesting
* J.D. Candidate 2009, University of California, Hastings College of the Law; B.A.
2005, Psychology, New York University. The author would like to thank Professor Robin
Feldman and her Law and Bioscience colleagues at UC Hastings for their thoughtful
encouragement and guidance throughout the writing process.
** Intellectual Property Associate at Jones Day; J.D., University of California
Hastings College of the Law; Ph.D., Molecular Microbiology and Immunology, University
of Southern California; B.S., Biological Engineering and Sciences, Washington University
in St. Louis.
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The Patent Prosecution Highway: Is Life in the Fast Lane Worth the Cost
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