In a significant move to optimize patent processes and strengthen Brazil’s participation in the global intellectual property system, the Brazilian Patent and Trademark Office (BRPTO) has joined the Global Patent Prosecution Highway (GPPH) on July 6, 2024. The GPPH is a multilateral cooperation program among IP offices, currently involving 27 offices, and is administered by the Japan Patent Office (JPO).
The GPPH aims to expedite patent application prosecution by facilitating the sharing of examination results from any participating office that identifies patentable subject matter, including those obtained under the Patent Cooperation Treaty (PCT).
BRPTO currently holds bilateral Patent Prosecution Highway (PPH) agreements with 23 national or regional partner offices. By joining the GPPH, the number of partner offices will expand to 35, including countries that currently do not have agreements with Brazil, such as Germany, Israel, Australia, Russia, Iceland and Hungary.
The existing PPH rules established by current Ordinance No. 78/2022 will remain in effect until the publication of a new ordinance. Examination results from the new partner offices can only be utilized from the date of the new ordinance. The BRPTO is currently finalizing the details and will provide further information soon.
The GPPH accession aligns with the Action Plan 2023-2025 of the National Intellectual Property Strategy (ENPI).
In overall, Brazil’s participation in the GPPH is a positive step towards streamlining patent processes, reducing examination timelines, and strengthening the country’s integration into the global IP framework.
Finally, the current PPH program is close to end, since 721 cases were already filed (data updated until June 19, 2024), remaining just 79 vacancies available. After closing the 800 requests, the PPH program will only reopen as from January 2025. Fortunately, there are additional programs without limit of participants that remain available, such as:
- when the product related to the object of the application is already within Brazilian market;
- when the application’s object is related to a “green” technology; or
- applications which invention is related to the directed diagnosis, prophylaxis and treatment of AIDS, cancer, rare or neglected diseases, or for treating the symptoms of the COVID-19.
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