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Phase II of Brazilian PPH program with the JPO on its way

January 24, 2019

(BRPTO’s website communication published on January 16, 2019)

The BRPTO and the JPO signed, on January 16, 2019 in Tokyo, Japan, the renovation of the PPH Pilot program between both Offices. The new phase of the program will be in force for two years starting from April 2019 and up to 200 applications shall be accepted into it, being limited to one application per applicant per month.

According to the BRPTO, the technical fields eligible for this new phase encompass: energy, machinery, audiovisual technology, telecommunications, digital communication, computer technology semiconductors, all of them already part of Phase I of said PPH program, and, additionally, new technical fields such as materials and metallurgy, agrochemicals, polymers, microorganisms and enzymes.

As stated in the BRPTO-JPO PPH technical guidelines (available here), the following IPC codes shall be encompassed by the new phase of the BRPTO-JPO PPH Program.

Information technology arts

Technical area IPC code
Machinery and electrical appliances, energy F21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z
Audiovisual technology G09F, G09G, G11B, H04N3, H04N5, H04N9, H04N13, H04N15, H04N17, H04R, H04S, H05K
Telecommunications G08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N1, H04N7, H04N11, H04Q
Digital Communications H04L
Communication basic process H03#
Computer technology G06# (G06Q not included), G11C, G10L
Methods of Information technology for management G06Q
Semiconductors H01L
Macromolecular chemistry, polymers C08B, C08C, C08F, C08G, C08H, C08K, C08L
Metallurgy and materials B21#, B22C, B22D, B22F, C01B, C01C, C01D, C01F, C01G, C03C, C04B, C21B, C21C, C21D, C22B, C22C; C22F
Agrochemicals A01N, A01P, C07D, C07G, C07H, C07J
Microorganisms or enzymes C12N
Miscellaneous B60#, B62#, C08J, F02D, G02B, G02F, G03G, G05#, G08G, H01S, H04N19, H04N21, H04W, H05H

All requirements necessary for participation on Phase II shall be listed in a new rule to be issued soon by the BRPTO.

Since 2013, the BRPTO has been trying to reduce its massive patent backlog. Among the measures adopted by the BRPTO is the implementation of several PPH agreements with different offices all over the world. Currently, there are seven PPH programs available at the BRPTO, which are:

PPH Programs currently available at the BRPTO

Foreign Office Term Main requirements
USPTO April 30, 2020
Applications first filed at the USPTO or BRPTO claiming IT, oil, gas and petrochemical related inventions (specific IPCs listed in Rule #218/2018). Already in Phase II
JPO
March 31, 2019
(renovation already
announced for April 2019)
Applications first filed at the JPO or BRPTO claiming IT related inventions (specific IPCs listed in Rule #184/2017). A new rule establishing Phase II is expected to be issued soon.
EPO November 30, 2019 Applications first filed at the EPO or BRPTO claiming chemical or medical technology related inventions (specific IPCs listed in Rule #202/2017). Drug-related inventions are not included.
SIPO January 31, 2020 Applications first filed at the SIPO or BRPTO claimingchemical, measurement, packaging and IT relatedinventions (specific IPCs listed in Rule #209/2018).Drug-related inventions are not included.
UKIPO July 31, 2020 Applications first filed at the UKIPO or BRPTO claimingBiotech and IT related inventions (specific IPCs listedin Rule #222/2018). Drug-related inventions are notincluded.
PROSUL June 30, 2019 Applications first filed at one of PROSUL (AR, BR, CL,CR, EQ, PY, PE, UY) members. Phase II established byRule #224/2018.
DKPTO August 31, 2020 Applications first filed at the DKPTO or BRPTOclaiming Engineering, Lighting, Heating, Weapons andExplosives related inventions (F# IPC as determinedby Rule #223/2018). Drug-related inventions are notincluded.

Up to this moment, the PPH programs have produced the following results at the BRPTO:

PPHs-Client-Alert-Inglês

The BRPTO has other expedited examination programs, which can be used for applications that meet some pre-established requirements:

Expedited Examination Programs currently available at the BRPTO

Rules Some Details
Rule #217/2018 Directed to applications related to diagnosis, prophylaxis and treatment of AcquiredImmunodeficiency Syndrome (AIDS), cancer, rare diseases or (pre-defined)neglected diseases
Rule #151/2015 Directed to applications under specific situations, such as when the unauthorizedreproduction of the subject matter of a patent application is taking place in Brazil orwhen and where an applicant is in need of a granted patent to receive BR funds toexploit the subject matter of the patent
Rule #175/2016 Directed to applications related to eco-friendly and green technologies. The program is based on the IPC green inventory, but not limited to it
Rule #212/2018 Directed to applications first filed at the BRPTO (Brazilian priority)
Rule #211/2018 Directed to applications filed by Brazilian micro and small entities
Rule #220/2018 Directed to applications filed by Brazilian Institutes of Science and Technology

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