The examination process of patent applications is essential to guarantee the protection of innovation and technological advances, but it often takes longer than expected. In this scenario, the Brazilian PTO has been making an effort to accelerate the examination through several initiatives, including priority procedures, which may be requested both by Brazilian patent applicants and by applicants from foreign countries.
There are currently more than 15 modalities of priority procedures for the applicant to evaluate which one he may better fit in, paying the official fees, and presenting the necessary documents. For example, cases from applicants aged 60 years or older; people with physical or mental disabilities; people with serious illness; Micro and/or Small Businesses or Scientific, Technological and Innovation Institutions, are some of the modalities related to the characteristics of the applicant. In relation to the specific characteristics of the process, those applications whose grant is a condition for obtaining financial resources, or the object is being infringed by third parties, may also require priority processing. Due to the technology involved in the patent application, it may benefit from the priority procedure, for example, processes that claim the protection of green technology or processes whose object is a product for the treatment of neglected diseases.
Besides, there is also the PPH - Patent Prosecution Highway - the most common modality among foreign applicants and which stands out as an effective tool to speed up the examination of patents at an international level. The PPH expedites the examination based on a cooperation program between patent offices from different countries, allowing an application already granted in a partner country to be accelerated in Brazil and vice versa. Brazil has signed agreements with offices in China, Chile, Canada, the United States of America, EPO (European Patent Office), and Japan, among others. In 2023, the limit of 800 PPH requests provided for by the BPTO has already been reached, and new requirements can only be made next year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
