The Brazilian Patent Office (BRPTO) published on July 24, 2018, Rule # 222/2018, which establishes the procedures related to the Patent Prosecution Highway (PPH) between BRPTO and the United Kingdom Intellectual Property Office (UKIPO).
Said PPH will be in force on August 01, 2018 as a pilot program and will run until July 31, 2020, with a limit of 100 applications per year, therefore, totaling 200 applications at most. Each Applicant may participate with up to one patent application per monthly cycle, except in the last month of the program, when there will be no limit on the number of requirements per Applicant.
This PPH is limited to patent applications related to the technical fields of "biotechnology", "electrical machines and apparatus, energy", "audiovisual technology", "telecommunications", "digital communication", "basic communication processes", "computer technology", "methods of information technology for management" and "semiconductors", according to the International Patent Classification (IPC) and the respective lower hierarchical levels thereof, as follows:
Biotechnology => C07G, C07K, C12M, C12N, C12P, C12Q, C12R, C12S, not including A61K
Electrical machines and apparatus, energy => F21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z
Audiovisual technology => G09F, G09G, G11B, H04N-003, H04N-005, H04N-009, H04N-013, H04N-015, H04N-017, H04R, H04S, H05K
Telecommunications => G08C, H01P, H01Q, H04B, H04H, H04J, H04K, K04M, H04N-001, H04N-007, H04N-011, H04Q
Digital communication => H04L
Basic communication processes => H03#
Computer technology => G06# (not including G06Q), G11C, G10L
Methods of information technology for management => G06Q
Semiconductors => H01L
As can be seen from the Table above, similar to the PPH programs established between the BRPTO and the European Patent Office (EPO) and the BRPTO and China's State Intellectual Property Office (SIPO), drug-related applications (A61K IPC) are excluded.
To participate in this PPH, the patent application must:
- have been firstly filed with the UKIPO or BRPTO;
- have an application of its family allowed by UKIPO (a letter of "Intention to Grant" or "Notification of Grant" must have been issued by UKIPO);
- have been published by the BRPTO; and
- have the examination already requested before the BRPTO (in case of divisional applications, the priority examination must also be requested for the parent and any other related divisional applications).
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.