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Intellectual Property 17/01/2022
FAST-TRACK EXAMINATION in Brazil – Pilot Project Patent Prosecution Highway (Phase III)

The Brazilian PTO published new guidelines for fast-track examination for patent applications (as defined in Ordinance /INPI/ PR nº 055/2021). 

 

The limitation of one filling per applicant under the PPH speedy proceeding was remained. Also, it is allowed applicants file PPH requests based on the International Preliminary Report on Patentability (IPRP).

 

The Brazilian PTO has formally renewed the PPH pilot project with Japan and recently, also established it with Portugal. Therefore, it will be possible to use the patents granted by the referred international offices to optimize the examination in Brazil. It should be noted that a patent application filed in Brazil may be eligible to participate in the PPH at the following offices: EPO (EP), USPTO (US), UKPTO (UK), JPO (JP), CNIPA (CN), DKPTO (DK), APO (AT), INPI (PT), LATAM (AR, CL, CO, CR, SV, EC, NI, PA, PY, PE, DO, UY), PRV (SE), KIPO (KR), IPOS (SG).

 

Souto Correa’s team is available to provide full legal support on the matter.

 

New rule – Ordinance /INPI/ nº 247 – Click here.