Beginning in September 2008, the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) will begin to cooperate in an effort to speed up the processing of patent applications.  According to the plan, if an applicant for patent receives an Official Action from the USPTO or an Examination Report from the EPO, such applicant may request an examination on an expedited basis for a corresponding application pending in the other agency’s territory.  This is similar to a pilot program that has existed between the USPTO and the Japanese Patent Office referred to as the “patent prosecution highway”.  Only time will tell if such cooperation will reduce the backlog and pendency time of patent applications now pending before these offices.

Tom Nikolai                 (612) 392-7307           Tom.Nikolai@nm-iplaw.com