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The Brazilian Patent and Trademark Office (BPTO) recently revised Resolution No. 202/2017, which regulates the Patent Prosecution Highway (PPH) between the BPTO and the European Patent Office (EPO). The agreement to enter into the PPH between the two offices was executed in October of this year, as reported by us here.

The procedure to take advantage of the new PPH requires the following steps:

The applicant will file, via national deposit, the first invention patent application at the BPTO or the EPO, or alternatively via the Patent Cooperation Treaty (PCT), selecting either one of the mentioned patent offices as “receiving office”;

The applicant will then file the second patent application, indicating the priority of the first patent application;

After the EPO publishes the granting of the patent application, the applicant may then apply at the BPTO for use of the PPH;

The request to use the PPH will go through an analysis and, if it is granted, the BPTO will proceed with expedited examination.

The grant to expedite the procedure will depend on certain requirements, such as: the patent application must not be on hold for the compliance with an official office action; its annual fees must be paid in full; and the patent application cannot be under judicial dispute in Brazil, among other requirements.

The PPH will be effective for 2 years, and the BPTO will expedite the examination of up to 300 patent applications as the latter examining office each year.

Through the BPTO-EPO PPH, patent applications in the technical fields of chemistry and technologies applied to medicine, except for the pharmaceutical area, will be able to be expedited.

For more information on the BPTO-EPO PPH, as well as other PPH programs in force in Brazil, do not hesitate to contact us.

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