FAQ - Overview of the PPH procedure

Questions and answers

FAQ

How can I participate in the PPH programme at the EPO?

Participation in the PPH programme at the EPO is possible for eligible applications (see FAQ “When...

FAQ

When is my patent application eligible for PPH / What are the participation requirements?

Your application is eligible for PPH if:

the European application (EP) for which participation in...

FAQ

What is the common “earliest date”?

The common earliest date can be either the priority or filing date of a corresponding national...

FAQ

Can I base a PPH request on more than one corresponding application?

Yes, provided that the remaining participation conditions are met, a PPH request can be based on...

FAQ

When does the EPO consider claims to sufficiently correspond?

Claims are considered to sufficiently correspond where, accounting for differences due to claim...

FAQ

Can I include claims which introduce a new/different category at the OLE?

No. The EP application to be processed via the PPH must not contain claims that introduce a new...

FAQ

I have to file a “declaration of claims correspondence” to participate in the PPH programme. How do I file this declaration?

The EPO requires the applicant to submit a “declaration of claims correspondence” stating that the...

FAQ

Should the claims that were found patentable/allowable by the OEE be redrafted, if their current form does not comply with the established requirements of the European Patent Convention (EPC)?

Yes, the claims shall be drafted in a manner which is compliant with the requirements of the...

FAQ

One of the requirements is that substantive examination of the EP application for which participation in the PPH programme is requested has not begun. How can I find out whether examination has begun?

The act starting examination is defined in the OJ EPO Notice dated 29 January 2013, OJ EPO 2013, 153...