INPI establishes phase II of the PROSUL PPH Pilot Project
The Brazilian National Institute of Industrial Property (INPI) published today (4) Resolution No. 224/2018, implementing phase II of the PROSUL Pilot Program for fast-track patent examination (PPH – Patent Prosecution Highway). PROSUL includes the pertinent offices in Brazil, Chile, Argentina, Colombia, Ecuador, Paraguay, Peru and Uruguay. This is one of the measures adopted by INPI for expediting the examination of patent applications, reducing the backlog. In this model of agreement between two countries or regions, the examination of the patent application in one of the countries may be accelerated, after being granted by the other, upon request by the applicant and if the conditions for joining the program, as published in the Resolution, are met. By joining the program, it is estimated that the examination period can be reduced to about nine months – time until the examination, after entering the PPH pilot program.
In this particular case of PPH between INPI and PROSUL countries, all technology fields are contemplated. The application must belong to a family whose oldest application was filed at a PROSUL Patent Office or, in case of a PCT, at a PROSUL Patent Office acting as a search authority. Participation on the program may be requested until June 06, 2019 and each applicant can participate with up to 1 process each monthly cycle, except for the last month, when there will be no limit. Among the necessary requirements, and similarly as already established by other PPH Programs in force, the patent application must have been published and the examination requested. Additionally, the application must have been amended to sufficiently correspond to the matter considered to be patentable in the application of the same family by the PROSUL Patent Office, given that the legal dispositions are complied with. It is worth pointing out that the acceptance into the program will be canceled ex officio in case of voluntary division or modification of the patent application before the publication of the first technical opinion.
Note that INPI currently has PPH examination programs with other partner offices: USPTO (American), JPO (Japanese), EPO (European), SIPO (Chinese), UKIPO (from the United Kingdom) and DKPTO (Denmark). Check here for the main information (in Portuguese) about the programs (contact us in case translation is needed).
For further information, contact:
Isabella Katz Migliori
Gustavo da Costa Simões
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