Saudi Authority for Intellectual Property (SAIP) continues its efforts for expediting patent prosecution and allowing of patent applications through signing an agreement of Patent Prosecution Highway (PPH) Pilot Program with the European Patent Office (EPO). As such, The European Patent Office is the 5th patent office, SAIP signed PPH Agreement with, in addition to South Korean Intellectual Property Office (KIPO), US Patent and Trademark Office (USPTO), China National Intellectual Property Administration (CNIPA), and Japanese Patent Office (JPO).
PPH between SAIP and EPO has entered into force since July 1, 2022, for an initial 3-year period.
Pursuant to said PPH agreement, Applicants who obtained a positive opinion for one or more claims examined by the EPO, may file a PPH request with the Saudi Patent Office, in order to accelerate the Examination process of the corresponding Saudi patent application. Positive opinions are not limited to national phase before the EPO, they also extend to the latest PCT work product (written opinion of the ISA) or international preliminary examination report (IPER) established by EPO.
However, Attention should be drawn that for the patent application to be eligible for PPH, it shall have the same priority date at both offices. In addition, the Saudi claims are to be of the same category and the same, or limited, scope as corresponding allowed EP claims. On the other hand, formalities of the claims must be in line with the implementing regulations of the Saudi Patent System. And finally, it should be highlighted that this agreement does not impose any obligation on the Saudi Examiners, in case the corresponding allowed EP claims deemed unpatentable by them, or in case they adopted an Examination strategy different from the one that adopted by the EPO.