The Patent Prosecution Highway (PPH) is a set of initiatives for
speeding up the examination process of patent applications
filed in participating patent offices.
According to the PPH, when an applicant receives a final ruling
from a first patent office (Office of First Filing –
OFF) where at least one claim is allowed, the applicant may
request fast-track examination of corresponding claims in
a corresponding patent application that is pending in a second
patent office (Office of Second Filing – OSF).
The Colombian PTO (SIC) has had PPH agreements with the United
States Patent and Trademark Office (USPTO) since 2012, the
Spanish Patent and Trademark Office (OEPM) since 2013, the
Japan Patent Office (JPO) since 2014 and a PPH pilot program
with the South Korean Patent Office (KIPO) since February
2016. Additionally, as we reported in January 2016, the SIC
and the European Patent Office signed a Memorandum of
Understanding (MoU) to implement a PPH Pilot Program.
The request for PPH in Colombia must be done when requesting the
substantive examination, and a copy of the following documents
must be filed: (a) the granting decision certificate of the
OFF, (b) the granted set of claims together with its
translation into Spanish, (c) the office actions regarding the
substantive examination issued by the OFF together with their
translation into Spanish, (d) non-patent prior art documents
cited in said office actions, and (d) a claim correspondence
table, comparing the set of claims granted by the OFF and
the one pending at the SIC.
It should be pointed out that, when an applicant requests the
PPH for a pending patent application before the SIC, the
Colombian examiner not only checks the aforementioned claim
equivalence, but also that the pending set of claims complies
with the IP law regarding non-patentable subject matter, as well
as with the clarity and conciseness requirements, which are
very strict in Colombia.
Mexico is a civil law country, meaning that the Mexican system does not rely on stare decisis or considers case law as binding precedent. As a result, the Mexican intellectual property statues are significantly more detailed than their US compliments.
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
Owners of intellectual property (IP) have many ways to protect their valuable assets.
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