As previously posted, Phase III of the Brazilian Patent and Trademark Office (BRPTO) Patent Prosecution Highway (PPH) Programme came into effect on 11 January 2022. The PPH programme is one of the BRPTO’s priority exam modality with focus on expediting the examination of Brazilian patent applications, which subject matter is considered patentable by a partner Patent Office. So far, the BRPTO has PPH agreements in force with the following Offices: Austria (APO); China (CNIPA); South Korea (KIPO); Denmark (DKPTO); United States (EUA); Europe (EPO); Japan (JPO); United Kingdom (UKIPO); Singapore (IPOS); Sweden (PRV); and more recently with the France (INPI) and Portugal (INPI).
Since the implementation of Phase III of the INPI´s PPH Programme, and due to the consistent success of Brazil´s involvement in PPH programmes, the INPI has been entering into PPH agreements, as well as renewing previous agreements with other offices. For instance, a memorandum of cooperation for the renewal of the PPH agreement between the INPI and the Japan Patent Office was signed on 9 November 2021. On 16 December 2021, the INPI and the Portuguese Patent and Trademark Office signed a memorandum of understanding to implement a PPH Pilot Project for patent applications filed in both offices with a duration of 5 years.
More recently, on 15 March 2022, the president of the INPI and the Executive director of the French INPI signed a memorandum of understating related to the implementation of a PPH Pilot Project between the two institutions. This PPH pilot project between Brazil and France will have a duration of five years and should start on 01 May 2022. Each institution will then define their respective criteria for participation to the programme.
The signing of this memorandum of understating was also the opportunity for both countries to sign another memorandum of understanding for technical cooperation in IP. This agreement on IP cooperation may include the exchange of information and the exchange of best practices on the development of IP protection systems, stimulation of innovation, management, finance and quality, among other topics. Conducting IP training and participating in events are also within the scope of the cooperation agreement.
