What is the condition for entering the Patent Prosecution Highway (PPH)?

The condition for entering the Patent Prosecution Highway (PPH) is that at least one claim must be allowable by the later office. The PPH is designed to accelerate the examination process for patent applications that have already received favorable examination results in a participating office. Specifically, if one or more claims from the earlier application (filed in a participating Office of First Filing) have been deemed allowable, this can be leveraged for expedited processing in a second jurisdiction (the Office of Later Examination).

The focus on the allowance of at least one claim is critical because it establishes a baseline of patentability that the later office can utilize. This process serves to enhance efficiency and reduce redundant examination efforts by leveraging the prior work completed in the first jurisdiction.

Other options detail varying misconceptions about the PPH requirements. Some may suggest that all claims must be identical or granted, which introduces unnecessary restrictions that do not align with the PPH framework, and others may imply that substantive examination must have commenced, which is not a requirement. The condition focusing on at least one allowable claim, however, accurately reflects the purpose and functionality of the PPH program, thus making it the correct choice.