Expanded possibilities for accelerated examination of patent applications in Brazil
New Resolution published by the Brazilian PTO to expedite the examination of patent applications based on international agreements (Patent Prosecution Highway – PPH) unifies the general rules for entering the program and removes requirements related to particular technologies
The Brazilian PTO (Brazilian National Institute of Industrial Property – INPI) published yesterday (22) Resolution Nº 252/2019 which, in addition to unifying the general rules for expedited examination of patent applications in the PPH (Patent Prosecution Highway) modality –, removes the restriction as to particular technological fields that existed in the agreements formerly firmed with some countries or regions. In practice, the new and only Resolution on the matter, which will come into force on December 1st, 2019, expands the project to inventions regardless of their technological field, increasing the possibilities of entering the project.
In the PPH modality of expedited examination, firmed between two countries or regions, the examination of the patent application in one of the countries can be accelerated, after being considered patentable by the other. Currently, INPI has agreements with the following partner offices: USPTO (American), JPO (Japanese), PROSUL (PROSUL Countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay), EPO (European), SIPO (Chinese), UKPTO (from the United Kingdom) and DKPTO (Danish).
The other main rules are generally maintained: the patent application must belong to a family whose oldest application was filed in an office as above or, in case of PCT, acting as a Receiving Office; the application must have been published; the examination must have been requested, but not started; not have been granted priority examination, as published in the Official Gazette; the application must not have been subjected to voluntary division or modification by the applicant between the request and the decision of the priority examination. In addition, the application must claim identical or more restricted subject matter than that considered as patentable by the partner office.
Participation into the program may be requested from December 1st, 2019, when the Resolution comes into force, until November 31st, 2022, with a maximum limit of 400 (four hundred) applications per annual cycle, regardless of the granting of the priority procedure, by order of application into the program.
This is another beneficial alteration implemented by the INPI in order to accelerate the examination of patent applications, thus encouraging technological development in the country.
For further information, contact:
Isabella Katz Migliori
Gustavo da Costa Simões
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