30 de December de 2020

BPTO publishes phase II of the Patent Prosecution Highway (PPH) Program

The Brazilian Patent and Trademark Office (BPTO) published, by means of Ordinance n° 404, dated December 21, 2020, phase II of the Patent Prosecution Highway (PPH) shared examination Pilot Project.

This new phase of the PPH follows the same criteria previously established in phase I, with the following changes now introduced:

– The request must occur between 01/01/2021 and 12/31/2024;

– Only a single priority request for patent processes of the same owner or applicant can be made per week;

– The requirements for participation in the pilot project of the same International Patent Classification Section (IPC) are limited to 150 per annual cycle;

– Phase II is restricted to 600 requirements per annual cycle, which will obey the order of the date and time of the priority request protocol; and

– The pilot project will extend until the end of the administrative instance at the BPTO of all patent processes with admitted priority.

Consequently, the program continues to contemplate patent applications that claim protection for innovations belonging to all areas of knowledge, enabling to seek protection for subject matters that are identical or more restricted than those considered patentable by the office of the first examination, and to forbidden addition of any matter not examined by said office.

Therefore, all applications granted in a partner Institute, to wit, an Institute responsible for examining patent applications with which the BPTO has a cooperation instrument of the PPH type signed and in force, and which meets the aforementioned requirements, can benefit from this program.

If you are interested in obtaining more details, have specific questions or wish to participate in the program, do not hesitate to contact us at mail@kasznarleonardos.com.

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