November 28, 2019

Brazil, Argentina and Chile form new cooperation agreements

The Brazilian National Institute of Industrial Property (INPI) has announced a new resolution that implements revised rules concerning the currently in-force Patent Prosecution Highway (PPH) programs. The new rules were signed on October 18, 2019, and enter into force as of December 1, 2019, revoking the previous regulations regarding the PPH cooperation agreements of Brazil. The streamlining of the procedures through the new rules simplifies the PPH process for applicants and IP offices alike.

The PPH allows for the examination of patent subject matter to occur on a fast-track basis upon the applicant’s request, thus expediting the grant of patent applications. This is currently available to PCT national phase or Paris convention applications having examination results from foreign intellectual property offices with which Brazil has formed a PPH cooperation. These foreign IP offices include China, Denmark, the EPO, Japan, USA, UK, and PROSUR, comprising Argentina, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay.

The new PPH regulations introduce a limitation of 400 patent applications per year which will be eligible for fast track examination under the program, allowing for a more efficient and controlled application system. Applicants are allowed to submit a maximum of one PPH request in any given month. Furthermore, PPH requests must be made between December 1, 2019, and November 31, 2022.

Also taking steps to enhance international cooperation, the intellectual property offices of Argentina and Chile have joined TMClass. With Argentina joining as of November 4, 2019, and Chile following on November 25, 2019, they are now a party to the invaluable tool providing access to information on goods and services in participating offices. The tool comprises 77 regional and national IP offices, and allows for the translation of goods and services in up to 44 languages.

Author: Danielle Carvey