The Brazilian Patent and Trademark Office (BPTO) has made public in the first Industrial Property Review of 2016, Ordinance No. 154/2015, which regulates administrative proceedings related to the Patent Prosecution Highway (PPH).

As mentioned in our e-alert of November 30, 2015, this pilot program established between the BPTO and the United States Patent and Trademark Office (USPTO) aims at reducing the current backlog in the prosecution of patent applications. The program prioritizes the examination of Brazilian patent applications which are part of the same family of applications received the notice of allowance from the USPTO.

The pilot program will be initiated on January 11, 2016, and will only benefit in Brazil patent applications filed after January 2013, with subject matter strictly related to the oil, gas, and petrochemical industries (IPC B01, B063, C09k8, C10, E02, E021, F15, F16, F17 e G01). The USPTO has not made any similar restrictions as to the area of technology patent applications which may benefit from the program.

In addition to further making reference to several points addressed by the memorandum of understanding signed between the Patent Offices on November 11, 2015, this Ordinance provides specific rules related to the prosecution of applications which are eligible to participate in this program. Moreover, it also establishes how a Patent Office may use the technical examination carried out by the Office of Earlier Examination.

The regulation establishes a specific form to be filled by applicant for requesting to take part in the program, and the documents which must be filed as exhibits, also making reference to the applicable administrative fees.

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