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The Brazilian Patent and Trademark Office (BPTO) and the Chinese Patents and Trademark Office (SIPO) have signed a Patent Prosecution Highway (PPH) agreement, which will become effective as of February 2018.

In a PPH agreement, an applicant may request fast-track examination in a specific country after the patent application has been granted in another country that maintains a PPH agreement with the first one.

The agreement between the Brazilian and Chinese Offices establishes that, while the BPTO will fast-track Chinese patent applications that encompass IT, packaging, measuring and chemical industry subjects, SIPO will prioritize any patent application from Brazil. At least for the pilot phase of this program, it foresees that up to 200 patent applications will be accepted. Additional information on the PPH is expected in the coming months.

Moreover, Brazil and China have signed an IP cooperation agreement. It will involve a variety of initiatives between the two IP Offices, such as investment in the qualification of their staff and a general exchange of experiences between the BPTO and SIPO.

The BPTO is demonstrating its intention to promote the growth of the number of Brazilian patent applications being filed overseas, while at the same time attracting foreign inventors to the country. There are currently 3 PPH agreements in effect in Brazil, with the USA, Japan, and the Latin-American countries that are members of PROSUR. The BPTO has also signed a PPH agreement with the European Patent Office (EPO), which will enter into force on December 1, 2017. We will report additional details regarding this PPH next week.

For more information on PPH agreements and Intellectual Property in general, please do not hesitate to contact us.

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