In continuity with the Patent Prosecution Highway program ("PPH"), the Brazilian Patent and Trademark Office ("BPTO") published in the Industrial Property Bulletin No. 2487, dated September 4, 2018, Resolution/INPI/PR No. 224, establishing phase II of the shared project PPH INPI-PROSUL.

The PPH-PROSUL is a type of priority patent examination. In order to participate, a prior patent examination granted by one of the PROSUL member Patent Offices of, namely, Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay, must be submitted to the BPTO. Such patent application will only be considered if it belongs to the same patent family, and if other requirements are also met.

With the new Resolution coming into force, from September 4, 2018, patent applicants who meet the established criteria (related to the patent application itself, its content, application for participation, and the patent applicant), can request the priority examination.

The fast-track examination request can be made at any stage of the patent application process and until the deadline of June 30, 2019, which will take into account prioritization of all remaining examination stages at the administrative level of the BPTO. Each patent applicant may apply for, and enjoy the benefit of, up to one patent application per month, except in the last month of the project, when there will be no limit in respect of the number of applications per applicant.

The advantage of this program between the BPTO and PROSUL member countries is that there is no limitation as to the technical field of the patent application, and therefore any field may participate.

The PPH program aims to assist patent applicants in their efforts to obtain more stable patent rights in a more efficient way in several countries.

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.