New pilot Patent Prosecution Highway (PPH) between the Brazilian Patent Office and the European Patent Office

Posted on 08/11/2017 by balder

Following publication of the Resolution No. 202/2017 by the Brazilian Patent Office on November 7, 2017, a new pilot Patent Prosecution Highway (PPH) between the Brazilian Patent Office and the European Patent Office will be available in Brazil as of December 1, 2017.

Such program is available for applications in the field of chemistry and technologies applied to medicine with the exception of drugs.

The main requirements to be accepted under this pilot PPH program are the following:

  • the application must have been first filed with the BRPO or the EPO;
  • the counterpart European patent application must have been granted;
  • the Brazilian application must have been already published or at least, a request for early publication must have been filed;
  • technical examination of the patent application must have already been requested, but no technical office action must have been issued yet;
  • the maintenance fees have to be up to date;
  • no other request for expedited examination must have been requested;
  • the application must not be involved in any lawsuit.

The IPC Codes for applications suitable to enter this program are the following:

Basic Chemistry: A01N, A01P, C05#, C06#, C09B, C09C, C09F, C09G, C09H, C09K, C09D, C09J, C10B, C10C, C10F, C10G, C10H, C10J, C10K, C10L, C10M, C10N, C11B, C11C, C11D, C99Z
Organic Chemistry and Fine Chemistry: C07B, C07C, C07D, C07F, C07H, C07J, C40B, A61K8, A61Q
Macromolecular Chemistry and Polymers: C08B, C08C, C08F, C08G, C08H, C08K, C08L
Medical Technology: A61B, A61C, A61D, A61F, A61G, A61H, A61J, A61L, A61M, A61N, H05G

Applications classified as A61K (preparations for medical, dental, or toilet purposes) are not acceptable under this program.

Finally, please take into account that this pilot program will initially run for 2 years, starting on December 1, 2017, being limited to a total number of just 600 applications.

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