The Brazilian PTO has published the Resolution #184/2017 that establishes the Brazil-Japan Patent Prosecution Highway (PPH) Pilot Program. According to this resolution, the applicant may request fast-track examination for a Brazilian patent application whose Japanese counterpart has been already allowed.
However, as it is still a pilot program there are some particular restrictions to the eligibility, such as:
- Each Applicant may participate with up to 6 (six) patent applications every 4 (four) monthly cycles; and
- The BRPTO will examine up to 200 (two hundred) patent applications under the Pilot Program.
In addition, there is still a third and important restriction which refers to the field of technology. Only applications that refer to Information Technology and classified under specific international patent classification symbols are allowed to participate. The list of these specific classification symbols can be found on the Annex I of the Resolution.
Moreover, further to the particular restrictions due to the pilot nature of this PPH program, there are general requirements to be complied with, which are summarized below:
- The Brazilian patent application must have been published;
- The examination must have been requested;
- The patent application cannot be suspended for complying with an office action;
- All annuities payment must be up to date;
- The patent application cannot have another fast-track examination request granted or published in the official bulletin; and
- The patent application cannot be involved in lawsuits in Brazil.
Still, the Resolution describes the necessary documents to be filed in order to request the expedite examination under this PPH Pilot Program.