Comprehensive Guide to New Accelerated Patent Grant Program in the US
On November 13, 2023, the Mexican PTO (“IMPI”) issued guidelines for the Accelerated Patent Grant (“APG”) Agreement. The APG program is a collaborative initiative allowing eligible USPTO patent holders to accelerate the processing of corresponding Mexican patent applications. The U.S. and Mexico have been engaged in a Prosecution Highway (“PPH”) partnership since 2010, facilitating expedited examination processes for qualified patent applicants across participating nations. While the existing PPH collaboration between the USPTO and IMPI has been successful, the introduction of the APG Program provides an additional avenue for U.S. applicants seeking expedited processing for their Mexican counterpart applications.
Outlined below are details regarding the eligibility criteria, and application process of the APG program, along with a comparison to the well-established PPH.
Eligibility Criteria
To qualify for the APG program, applicants must ensure that their Mexican patent application aligns sufficiently with a USPTO application. This requires the Mexican application’s claims to match or be narrower in scope than those of the corresponding USPTO patent. Importantly, an applicant becomes eligible for APG only after the USPTO patent has been published in the USPTO Patent Gazette, and the IMPI patent application has been published in the Industrial Property Gazette. Furthermore, an APG application cannot be submitted until after the Mexican patent application has received third-party observations.
Application Process
Securing an APG involves completing a form with details about the Mexican patent application and its corresponding USPTO counterpart. The application process also mandates the submission of documentation, including the USPTO patent number, a translation of USPTO claims into Spanish, and a correspondence table demonstrating the adequate alignment of USPTO and Mexican application claims.
On the other hand, applying for PPH requires the submission of a request form through the relevant country’s website. The form seeks information such as the office of earlier examination and confirmation that both applications share the same priority date. The PPH request process is notably simpler compared to that of APG.
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