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BRAZIL: NEW PILOT PPH PROGRAM TO OVERCOME EXAMINATION BACKLOG

BRAZIL: NEW PILOT PPH PROGRAM TO OVERCOME EXAMINATION BACKLOG

The Brazilian Patent and Trademark Office has just issued on October 22, 2019 the Resolution # 252/2019 consolidating all PPH former resolutions into a single pilot Patent prosecution Highway Project. The resolution will enter into force as from December 1, 2019 and will in practice represent another tool to decrease the patent backlog in Brazil. 

This new pilot PPH program contemplates all areas of technology and is limited to a maximum of 400 requests by year. The request for participating into the new pilot program must be filed in the period from December 1, 2019 to November 30, 2022.

Each applicant can request a PPH procedure for only one application per month. This new PPH program is expected to lead to the expedited grant of patents, since Resolution # 252/2019 provides for the issuance of a single office action of formal nature.

THE MAIN FEATURES OF SAID PROGRAM ARE SUMMARIZED BELOW:

a) The application shall have been filed at least 18 months before the request for PPH or upon request for early publication, or – for PCT applications – it should have already been published by WIPO;

b) The application should belong to a patent family of which at least the first patent application has been filed in the Brazilian Patent Office or in the Office of First Examination (1) acting as a national or regional Office or – for PCT applications – acting as a Receiving Office;

c) The application should belong to a patent family in which the Office of First Examination acting as a national Office has issued an allowance or grant decision after an examination in the merits;

d) The patent application should claim subject matter equal or more limited than that considered to be patentable by the Office of First Examination for the application of the same family, even considering translation differences. The patent application submitted to the PPH program should not contain subject matter for which no search/examination have been performed even if there is a restriction of the claimed subject matter;

e) Amendments must be submitted to conform the claims to those as accepted by the Office of First Examination; the amendments should satisfy the Brazilian PTO’s regulations (no new claim categories are accepted and only restrictive amendments are permitted);

f) The Applicant shall submit a table showing the correlation between the new BR claims and those as accepted by the Office of First Examination; such table may be replaced by a declaration to the effect that the new BR claims are a mere translation of the claims as accepted by the Office of First Examination.

We wish to thank our Brazilian colleagues of Dannemann Siemsen for this useful information.

(1) Office of First Examination: office responsible for examining patent applications with which the Brazilian PTO has a signed and existing PPH program, which carried out the technical examination of a patent application of the same family prior to the Brazilian PTO. Currently, there are PPH programs signed with USPTO (United States), JPO (Japan), PROSUL (Argentina, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru, Uruguay), EPO (Europe), CNIPA (China), UKIPO (United Kingdom) and DKPTO (Denmark).

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