Phase II of Brazilian PPH program with the JPO on its way
January 25, 2019
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.
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:
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
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.
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:
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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Licks Attorneys Compliance’s Blog provides regular and insightful updates about Ethic and Compliance. The posts are authored by Alexandre Dalmasso, our partner. Licks Attorneys is a top tier Brazilian law firm, specialized in Intellectual Property and recognized for its success handling large and strategic projects in the country.
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O blog Licks Attorneys Compliance fornece atualizações regulares e esclarecedoras sobre Ética e Compliance. As postagens são de autoria de Alexandre Dalmasso, sócio do escritório. O Licks Attorneys é um escritório de advocacia brasileiro renomado, especializado em Propriedade Intelectual e reconhecido por seu sucesso em lidar com grandes e estratégicos cases no país.
