Global Patent Prosecution Highway: Brazil Joins International Program Aimed at Enhancing Celerity in Patent Examination | Mayer Brown
[co-author: Diego Semeraro, Vítor Montovani]
The Brazilian Patent and Trademark Office (BPTO) joined the Global Patent Prosecution Highway (GPPH) program on July 6, 2024. Coordinated by the Japan Patent Office (JPO).
Brazil’s inclusion marks a significant milestone in the modernization of the national intellectual property system and shows the BPTO’s commitment to boosting technological innovation and the country’s competitiveness.
Note: The current preliminary PPH guidelines, established by INPI/PR Ordinance No. 78/2022,1 will remain in force until the publication of new regulation. The results of the examinations of the new partner offices can only be used after the implementation of the new regulation, which is currently still under evaluation by the BPTO.
GLOBAL PATENT PROSECUTION HIGHWAY PROCEDURE (“GPPH”)
In the GPPH, a patent applicant can request for a prioritized examination if they have their application under examination in more than one participating office . The applicant simply needs to inform the local patent office of the positive patentability decision rendered by a foreign patent office which is also a GPPH participant. Once notified, the local office must grant the request for prioritized processing of the application, potentially saving years in the patent granting process.
According to data published by the BPTO, priority processing takes an average of 640 days2 to reach a technical decision on patentability, compared to an average of 6.9 years3 for standard patent applications processes.
According to patent filing data published by WIPO 4 in 2022, the number of patent applications filed with the BPTO by nonresidents was 232% higher than those filed by residents. This substantial difference in the amount of applications is attributed to financial globalization and the growing use of technology in industry, and may lead to the development of new and improved technologies available in the business.
However, this also presents challenges for patent offices, such as managing examination times for final decisions and avoiding significant backlogs. The GPPH concept of sharing examinations offers an appealing solution.
BENEFITS OF GPPH – EXPEDITED PROTECTION ENCOURAGES INNOVATION
The GPPH also encourages patent applicants to invest in innovations knowing that their inventions will be better protected—across various industrial property offices worldwide.
In Brazil, joining the GPPH brings the number of countries the BPTO collaborates up to 35 countries.5 . As a result, companies may feel more confident bringing their inventions to Brazil, knowing they have better chances of obtaining timely protection for their technologies.
Companies and inventors looking to benefit from the program should familiarize themselves with specific requirements and procedures for each participating country.
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