A pilot program of the Trilateral (EPO, JPO and USPTO) PCT-Patent Prosecution Highway began January 29, 2010 and is planned to run for two years.  The program fast-tracks patent examinations in the EPO, JPO and USPTO for PCT applications receiving a positive written opinion of the International Searching Authority or the International Examining Authority from the EPO, JPO, or USPTO.  Such a positive opinion must come in the form of: (i) a written opinion from the ISA; (ii) a written opinion from the IPEA; and/or (iii) an IPER from the IPEA. 

In effect, the work product from any of these patent authorities (acting in its PCT capacity) serves as the basis for a petition to make special in the USPTO.

US Applicants my request participation by filing the appropriate form (Form PTO/ SB/20PCT-EP or Form PTO/SB/20PCT-JP).  When filled via EFS-Web, the form is indexed as “Petition to make special under PCT-Patent Pros Hwy”.

On a related note, Applications may now be prepared in a Common Application Format (CAF) developed by the Trilateral Office.  This format streamlines direct filings in the EPO, JPO and USPTO where applications in this format are not subject to additional formality requirements.  For US applicants, the CAF goes beyond what is required in the US.  However, using the CAF can provide significant savings when nationalizing PCT applications in the EPO and JPO.  More information may be found at http://www.trilateral.net/projects/pct/CAF.html and http://www.wipo.int/pct/en/filing/caf_example.html.