Latin America

Update on the PPH Program and further news regarding prosecution of patent applications in Brazil

Posted on 07/01/2021 by balder

Brazil

The Brazilian Patent Office has introduced some changes on the PPH program effective as of January 1, 2021, basically increasing the number of cases which may benefit from this expedited route for prosecution of patent applications.

Still with certain limitations on the number of applications which will be prosecuted under the PPH program, fast track examination will be available for patent applications of any field of technology which belonging to a patent family which has obtained a favorable patentability opinion by the Patent Office of a signatory country, have been filed in Brazil more than 18 months ago (or have requested early publication or correspond to a PCT application already published) and have requested technical examination but same has not yet been initiated by the BR Patent Office.

The Patent Offices currently participating on this program for accelerated examination of patent applications in Brazil are the following: KR, US, CN, JP, EPO, GB, DK, AT, SE, as well as all PROSUR PPH participating countries (AR, CL, CO, EC, PY, PE, UY, CR, SV, NI, PA and DO).

On the other hand and regarding the examination stage under the standard route, the Brazilian Patent Office has also introduced the possibility that a supplementary prior art search is carried out by the own Patent Office following issuance of the preliminary office action, in case that the examiner in charge considers that the search report issued by other foreign offices on which said preliminary office action is based, is not enough for examination purposes.

Finally, updated Examination Guidelines for computer implemented inventions and new rules for the submission of sequence listing for patent applications effective as of January 1, 2021 have been issued.

Should you require any further information regarding these changes, please merely let us know.