(BRPTO’s IP gazette of March 1st, 2017)
Phase II of the pilot program for fast track applications with Brazil priority excludes some technical fields and introduces a PPH-like approach.
An applicant requesting fast track of an application first filed in Brazil must submit a search report and a technical opinion on the patentability of his or hers application. Those reports have no binding effect on the BRPTO’s final decision.
The search report and the patentability opinion may be a report done by another patent office or by any PCT’s ISA or IPEA. A simple translation of the reports may be presented.
The project aims for Brazilian patent applications first filed at the BRPTO or with the RO/BR (the PCT’s Receiving Office at the BRPTO), which has being subsequently filed in at least another national or regional patent office and published at least in one of those PTOs. (Mere PCT applications in the international phase does not fulfill this requirement).
Applications from areas generally related to mechanical inventions – IPC (Int’l Patent Classification) sections “B” (performing operations and transporting) and “F” (mechanical engineering, lighting, heating, weapons, blasting) are excluded from this program.
The applications need to have already been published and the examination requested according to the Brazilian Patent Statute. Other restrictions apply, such as not being an object of some judicial litigation.
For applications for which the BRPTO has acted as PCT ISA or IPEA where the IPEA’s Report indicated that the application is not according to some disposition of the Brazilian Patent Statute, an amendment must be filed accordingly before requesting participation in the project.
The project is limited to the first 120 applications received over the next year, regardless of whether they were accepted or not. Each applicant can enroll only one candidate per calendar month in the project.
The original Portuguese version of Rule #180/2017 is available here. The English version will be available soon.