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.
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.
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.
|Application #||Title||Registrant||Examination Result||Priority Filing #|
|BR 10 2013 008358-5||Methods and apparatus for cementing wells||Key Energy Services, LLC. (US)||Pending||US 13/506,227|
|BR 10 2016 007667-6||Hydroxyalkyl substituted succinimides and fuels containing them||Afton Chemical Corporation (US)||Pending||US 14/855,631|
|BR 11 2014 028843-7||Process for the purification of an aromatic hydrocarbon stream including selective removal of styrene||ExxonMobil Chemical Company, Inc (US)||Patent Granted||US 61/653,688|
|BR 11 2014 029190-0||Cutting elements for earth-boring tools, earth-boring tools including such cutting elements, and related methods||Baker Huges Incorporated (US), Element Six Limited (IE)||Shelved||US 13/477,905|
|BR 11 2015 005927-9||Process for reducing chloride in hydrocarbon products using an ionic liquid catalyst||Chevron U.S.A. Inc. (US)||Patent Granted||US 13/715,873|
|BR 10 2013 018178-1||Wave field separation by mixed domain inversion||PGS Geophysical AS (NO)||Pending||US 13/552,611|
|BR 10 2013 019971-0||System and method of a reservoir monitoring system||PGS Geophysical AS (NO)||Pending||US 13/568,773|
|BR 10 2016 000836-0||Fuel additives for treating internal deposits of fuel injectors||Afton Chemical Corporation (US)||Pending||US 14/667,062|
|BR 11 2014 033014-0||Xylene isomerization process and catalyst therefor||ExxonMobil Chemical Patents, Inc (US)||Pending||US 61/695,493|
|BR 11 2015 001611-1||In-line mooring connector and tensioner and methodology for the implementation thereof on a subsea mooring line||Seahorse Equipment Corp (US)||Pending||US 61/678,889 US 61/675,650|
|BR 11 2015 002284-7||Multiphase separation system||ExxonMobil Chemical Patents, Inc (US)||Pending||US 61/711,132|
|BR 11 2015 005874-4||Gooseneck unit and method for connecting a riser string to an offshore drilling rig||National Oilwell Varco, L.P. (US)||Pending||US 61/704,179|
|BR 11 2016 007692-3||Reactor bed component for securing rigid assemblies||ExxonMobil Chemical Patents, Inc (US)||Pending||US 14/097,827|
|BR 10 2013 000290-9||Coke quenching car||Suncoke Technology and Development LLC (US)||Patent Granted||US 13/730,598|
|BR 11 2015 006941-0||Top guide activation system and method for assembling a top guide activation system||National Oilwell Varco, L.P. (US)||Shelved||US 13/645,98|
|BR 11 2015 008014-6||Dual gradient drilling system and method||National Oilwell Varco, L.P. (US)||Patent Granted||US 61/713,972|
|BR 11 2014 022151-0||Downhole abrading tool and method for determining mill life of a downhole abrading tool||Baker Hughes Incorporated (US)||Patent Granted||US 61/616,161|
|BR 10 2014 017479-6||Amide alcohol friction modifiers for lubricating oils||Afton Chemical Corporation (US)||Shelved||US 13/945,082|
|BR 10 2013 032934-7||Lubricating oil comprising a base oil and an additive package||Afton Chemical Corporation (US))||Shelved||US 13/725,482|
|BR 12 2016 015199-9||Process for the isomerization of a paraxylene-depleted aromatic hydrocarbon feedstream||ExxonMobil Chemical Company, Inc (US)||Pending||US 61/695,493|
|BR 10 2013 032930-4||Additive compositions with plural friction modifiers||Afton Chemical Corporation (US)||Pending||US 13/725,216|
|BR 10 2013 032980-0||Friction modifiers for use in lubricating oil compositions||Afton Chemical Corporation (US)||Pending||US 13/725,216|
|BR 10 2013 033017-5||Additive compositions with a friction modifier and a metal dialkyl dithio phosphate salt||Afton Chemical Corporation||Pending||US 13/725,290|
|BR 10 2013 033043-4||Additive compositions with a friction modifier and a detergent||Afton Chemical Corporation (US)||Pending||US 13/725,411|
|BR 11 2015 005793-4||Truss spar vortex induced vibration damping with vertical plates||Technip France||Pending||US 61/701,876|
|BR 11 2016 016005-3||Polyphase separation system||ExxonMobil Upstream Research Company||Pending||US 62/126,148 US 61/985,873|