The Brazilian and European PTOs have announced a new pilot program for fast-track examination of patent applications
BPTO-EPO PPH Pilot Project
In Official Gazette n° 2444, of November 7, 2017, the Brazilian PTO published Resolution PR No. 202, instituting the BPTO-EPO PPH Pilot Project. The BPTO-EPO PPH Pilot Project will be effective for a period of two years as from December 1st, 2017 when the BPTO will analyze up to 300 request per year.
Patent applications requesting priority examination using the BPTO-EPO PPH Pilot Project must encompass claims directed to the technical fields of 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 (provided that it is not classified under any other A61K classification) and A61Q), macromolecular chemistry and polymers (C08B, C08C, C08F, C08G, C08H, C08K, C08L) and medical technology (A61B, A61C, A61D, A61F, A61G, A61H, A61J, A61L, A61M, A61N, H05G).
The patent applications that are eligible to participate in the Pilot Project are those simultaneously belonging to the same patent family of which at least the first patent application was filed with the BPTO or EPO, if it is a PCT application - BR/RO or EP/RO; and the EPO acting as Office of Earlier Examination (OEE) allowed a patent application from the same patent family.
Other eligibility requirements are as follows:
(i) the patent application for which the notice “Patent application or Addition Certificate of Invention filed” or the notice “Notification - National Phase” has been published;
(ii) the patent application must have been published;
(iii) the examination must have already been requested;
(iv) the substantive examination must not have been initiated;
(v) all annuities due in connection with the patent application must be paid;
(vi) the application does not have priority examination granted;
(vii) the application is not involved in judicial litigation in Brazil;
(viii) the application is not a divisional application, except for the hypothesis of a divisional application due to the lack of unity of invention cited by the Office of Earlier Examination (OEE).
It is important to note that in case the application contains subject matter obtained as a result of access to samples of Brazilian Genetic Heritage or Associated Traditional Knowledge, the applicant must proceed as follows:
- inform the number of the corresponding access Authorization; and
- inform the origin of the genetic material and/or associated traditional knowledge, as the case may be, according to the current legislation.