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.
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.
