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The Brazilian PTO (BRPTO) published today Rule # 184/2017 implementing the Patent Prosecution Highway (PPH) Pilot Program with the JPO

March 28, 2017

(BRPTO’s IP gazette of March 28th, 2017)

The BRPTO published today, March 28, 2017, the much-anticipated rule implementing the PPH Pilot Program with the JPO, which might speed up the examination of Brazilian applications duly filed and regularly pending in Brazil after a corresponding application from the same family receives the notice of allowance from the JPO.

The JPO – BRPTO PPH Pilot Program starts on April 1st, 2017. Unfortunately, the­ BRPTO limited the use of the Pilot Program to applications first filed at the JPO or BRPTO (applications claiming Paris Convention priority or PCT applications for which the JPO or BRPTO was the Receiving Office); and claiming inventions in the information technology (IT) field, including telecommunications, semiconductors, lighting and other akin technologies (IPCs listed in the Annex 1 of Rule #184/2017).

Amongst other documents requested by Rule # 184/2017, the applicant needs to pay a specific fee and submit, together with the request with a special form, (1) the JPO notice of allowance; (2) amendments into the application in order to adapt it to the matter allowed by the JPO, considering the limitations of the BRPTO’s Rule 93/2013;.(3) a table including the correspondences between the BR and JP claim charts (as exemplified in the Annex 2 of Rule #184/2017) or a declaration informing that both claim charts are identical; and (4) a declaration information that the application is not involved in lawsuit in Brazil.

Both utility (invention) and utility model patent applications are eligible for the Pilot Program at the BRPTO. Divisional applications will only be accepted into the program if they have been directly derived from the original application in order to comply with an opinion on lack of unity of invention issued by the JPO for the corresponding JP application.

An applicant may participate into the PPH program with up to 6 (six) applications every 4 (four) calendar month-period. If the application has more than one applicant, this limitation is applied to all applications that have at least one applicant in common.

The project is limited to 200 applications accepted into the BRPTO-JP PPH program over the next two years.

The original Portuguese version of Rule #184/2017 is available here. The Japanese version is available here. The English version will be available soon.