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PPH - Limitations of the Brazil-USA pilot PPH program

PPH - Patent Applications accepted under this Program so far account for only 0.008% of the BRPTO Backlog

In November 2015, Brazil signed a Memorandum of Understanding (MOU) with the USA on the adoption of a pilot program implementing a shared priority filing examination agreement known as the Patent Prosecution Highway (PPH). This program was launched in January 2016 through Rule #154/2015.10 Although a significant step towards mitigating the effects of the backlog, the PPH adopted in Brazil was limited to the oil and gas sector, while also stipulating that the BRPTO will examine no more than 150 patent applications under this Rule, filed after January 1, 2013. These constraints curtail the scope of the PPH, while also undermining the feasibility of attaining its goals.

The purpose of the PPH is to fast-track patent application procedures, with fewer delays and more effective spending by Brazil’s patent office. The existence of trustworthy prior searches lessens the time required for technical examinations, thus boosting productivity, which has already been identified as one of the main problems faced by the BRPTO.
For the agreement with the USA, limiting the Brazilian PPH to only the oil and gas field of technology does not in fact benefit industry and the economy as a whole, and contributes little to upgrading the innovation context in Brazil, attracting investments. As shown in the following graph, the number of patent applications filed each year in the oil and gas field of technology in Brazil is only a small proportion of the total number of applications.

Limiting the Brazilian PPH to only the oil and gas field of technology does not in fact benefit industry and the economy as a whole, and contributes little to upgrading the innovation context in Brazil, attracting investments.

PPH - ON AVERGE, ONLY 3.52% OF APPLICATIONS FILED ARE ELIGIBLE FOR THE CURRENT PILOT PPH PROGRAM

Between 2013 and 2016,11 oil and gas sector applications accounted for an average 3.52% of the total number of applications filed each year. Furthermore, much of the BRPTO backlog consists of applications filed before 2013 (which is the cut-off date for the Brazil-USA pilot program), which has been lined up at the BRPTO for years, with no prospects of decision. These applications have certainly been examined and awarded in other countries.  Consequently, it is not surprising that the number of patent applications eligible for the PPH under the criteria established by the BRPTO account for only 1.9% of the total PPH backlog. As though this figure were not sufficiently negligible, the BRPTO has managed to apply the program to mere 26 patent applications so far, equivalent to 0.008% of the total BRPTO backlog.

PPH - CLOSE TO ZERO

With a cut-off date of 2013 and limited to a single field of technology, the pilot PPH made little contribution to improving the BRPTO. Expanding its scope to encompass other field of technology and signing PPH agreements with other countries are crucial steps for pruning the BRPTO backlog and attracting investments in production to Brazil, on the technological cutting edge. The pilot program with the USA is unable to pursue this goal.

pph - 26 applications accepted in the PPH as of 27/12/2016

Application #TitleRegistrantExamination ResultPriority Filing #
BR 10 2013 008358-5Methods and apparatus for cementing wellsKey Energy Services, LLC. (US)PendingUS 13/506,227
BR 10 2016 007667-6Hydroxyalkyl substituted succinimides and fuels containing themAfton Chemical Corporation (US)PendingUS 14/855,631
BR 11 2014 028843-7Process for the purification of an aromatic hydrocarbon stream including selective removal of styreneExxonMobil Chemical Company, Inc (US)Patent GrantedUS 61/653,688
BR 11 2014 029190-0Cutting elements for earth-boring tools, earth-boring tools including such cutting elements, and related methodsBaker Huges Incorporated (US), Element Six Limited (IE)ShelvedUS 13/477,905
BR 11 2015 005927-9Process for reducing chloride in hydrocarbon products using an ionic liquid catalystChevron U.S.A. Inc. (US)Patent GrantedUS 13/715,873
BR 10 2013 018178-1Wave field separation by mixed domain inversionPGS Geophysical AS (NO)PendingUS 13/552,611
BR 10 2013 019971-0System and method of a reservoir monitoring systemPGS Geophysical AS (NO)PendingUS 13/568,773
BR 10 2016 000836-0Fuel additives for treating internal deposits of fuel injectorsAfton Chemical Corporation (US)PendingUS 14/667,062
BR 11 2014 033014-0Xylene isomerization process and catalyst thereforExxonMobil Chemical Patents, Inc (US)PendingUS 61/695,493
BR 11 2015 001611-1In-line mooring connector and tensioner and methodology for the implementation thereof on a subsea mooring lineSeahorse Equipment Corp (US)PendingUS 61/678,889 US 61/675,650
BR 11 2015 002284-7Multiphase separation systemExxonMobil Chemical Patents, Inc (US)PendingUS 61/711,132
BR 11 2015 005874-4Gooseneck unit and method for connecting a riser string to an offshore drilling rigNational Oilwell Varco, L.P. (US)PendingUS 61/704,179
BR 11 2016 007692-3Reactor bed component for securing rigid assembliesExxonMobil Chemical Patents, Inc (US)PendingUS 14/097,827
BR 10 2013 000290-9Coke quenching carSuncoke Technology and Development LLC (US)Patent GrantedUS 13/730,598
BR 11 2015 006941-0Top guide activation system and method for assembling a top guide activation systemNational Oilwell Varco, L.P. (US)ShelvedUS 13/645,98
BR 11 2015 008014-6Dual gradient drilling system and methodNational Oilwell Varco, L.P. (US)Patent GrantedUS 61/713,972
BR 11 2014 022151-0Downhole abrading tool and method for determining mill life of a downhole abrading toolBaker Hughes Incorporated (US)Patent GrantedUS 61/616,161
BR 10 2014 017479-6Amide alcohol friction modifiers for lubricating oilsAfton Chemical Corporation (US)ShelvedUS 13/945,082
BR 10 2013 032934-7Lubricating oil comprising a base oil and an additive packageAfton Chemical Corporation (US))ShelvedUS 13/725,482
BR 12 2016 015199-9Process for the isomerization of a paraxylene-depleted aromatic hydrocarbon feedstreamExxonMobil Chemical Company, Inc (US)PendingUS 61/695,493
BR 10 2013 032930-4Additive compositions with plural friction modifiersAfton Chemical Corporation (US)PendingUS 13/725,216
BR 10 2013 032980-0Friction modifiers for use in lubricating oil compositionsAfton Chemical Corporation (US)PendingUS 13/725,216
BR 10 2013 033017-5Additive compositions with a friction modifier and a metal dialkyl dithio phosphate saltAfton Chemical CorporationPendingUS 13/725,290
BR 10 2013 033043-4Additive compositions with a friction modifier and a detergentAfton Chemical Corporation (US)PendingUS 13/725,411
BR 11 2015 005793-4Truss spar vortex induced vibration damping with vertical platesTechnip FrancePendingUS 61/701,876
BR 11 2016 016005-3Polyphase separation systemExxonMobil Upstream Research CompanyPendingUS 62/126,148 US 61/985,873