Brazilian IPO – weekly news roundup
Showing posts with label PPH. Show all posts
Showing posts with label PPH. Show all posts
Saturday, 26 December 2020
Mexico: the USPTO and IMPI launched the Parallel Patent Grant (PPG) initiative
On 7 December 2020, the Mexican Institute of Industrial Property (IMPI) and the United States Patent and Trademark Office (USPTO) announced the launch of the Parallel Patent Grant (PPG) initiative.
According to the press releases, the PPG results from the Memorandum of Understanding on Technical and Strategic Collaboration (MoU) signed by the USPTO and IMPI on 28 January 2020.
In accordance with the MoU, the two Offices would “implement a parallel patent grant framework that allows IMPI to leverage USPTO search and examination results when granting a counterpart Mexican patent”.
Thus, under the PPG, “IMPI will expedite the grant of a Mexican patent for businesses and individuals already granted a corresponding U.S. patent”. This worksharing arrangement will make “faster for U.S. patent holders to obtain corresponding patents in Mexico”.
As stated by IMPI, approximately 11,000 patent applications filed between 2015 and 2018 may benefit from the PPG.
The PPG is not the first worksharing collaboration between IMPI and the USPTO, given the Patent Prosecution Highway (PPH) program has been implemented since 2011.
Sources: press releases issued by the Mexican Institute of Industrial Property and the United States Patent and Trademark Office.
Wednesday, 11 November 2020
You reap what you sow: Brazil participation in the Patent Prosecution Highway
The Patent Prosecution Highway (PPH) program is a fast-track examination of a patent application; an applicant request this accelerated process in the national phase which originated on a foreign office and national patent examiners can use the opinion and preliminary examination from the foreign office. The program aims to promote sharing the work among patent offices but the decision of granting patents still remains under the national office. The program run among offices where they agree to share this practice (for more information see WIPO). Brazil does not form part of the Global PPH as its counterparts Chile, Colombia, and Peru; but since 2016, the office has had several bilateral PCT-PPH agreements: European Patent Office (EPO), PROSUR (pilot), Danish Patent and Trademark Office; United Kingdom Intellectual Property Office, Intellectual Property Office of Singapore, United States Patent and Trademark Office and Japan Patent Office.
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| Speedy 'Patent' Gonzales |
INPI also praised that the average time for assessing
priority processing requirements has decreased from an average time of 220 days
(2018) to 104 days (2020). This is due to ‘simplifying the process flow and
using new information technology tools ‘.
According to the Global
Innovation Index published by WIPO, in 2020, Brazil ranked 62nd
among 131 economies (innovation inputs 59; innovation outputs 64); ranking 4th
among Latin America and the Caribbean economies.
Thursday, 4 October 2018
Latin America keeps speeding...
Continuing with yesterdays report and PPHs in Latin America, here comes another one…INAPI (IPO in Chile) and the USPTO (the United States Patent and Trademark Office) had signed a memorandum of understanding for the implementation of the accelerated patent procedure called Patent Prosecution Highway (PPH). The pilot will come into effect from November 01, 2018.
As noticed in yesterday news, the program allows national patent applications, which have a favourable resolution issued by the national IPO, to expedite the processing of their corresponding applications, filed with the USPTO – and vice versa.
In Latin America, several bilateral agreements have been signed between national patent offices to promote this project and thus, enabling applications to request, if they wish, the accelerated process PPH. The process is faster because the national offices will share the ‘search’ and ‘examination’ results. Yet, the final decision, that is, the granting will be left to the corresponding IPO.
Source INAPI.
More info on PPH here.
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| Speeding the process... |
In Latin America, several bilateral agreements have been signed between national patent offices to promote this project and thus, enabling applications to request, if they wish, the accelerated process PPH. The process is faster because the national offices will share the ‘search’ and ‘examination’ results. Yet, the final decision, that is, the granting will be left to the corresponding IPO.
Source INAPI.
More info on PPH here.
Wednesday, 3 October 2018
Agreements among Intellectual Property Offices: do they work?
Reading the news from the national IPO in Peru (INDECOPI) countless times this blog has reported on agreements between IPOs. Specifically, I usually report on the accelerated patent procedure - Patent Prosecution Highway (PPH) [and posting a photo of ‘speedy Gonzalez’ next to the news]. This process accelerates the granting of a patent in a particular country, if the application for the ‘same patent’ has been made first in another IPO (the other party on the agreement) and has a favourable patentability examination.Peru has signed PPH with Spain, Japan; ‘the countries that make up the Pacific Alliance (Colombia, Mexico and Chile) and the PROSUR countries (Argentina, Brazil, Chile, Colombia, Ecuador, Paraguay, Uruguay and Costa Rica, eight of the 13 that recognize the PPH).’
Because of the agreements and the simplification of a PPH, the National Institute of Industrial Property of Chile (INAPI) became the first office that grants a patent to a Peruvian inventor.
The invention in question ‘allows preserving for a longer time the life of vegetables, such as fresh and precooked vegetables; as well as whole fruits and pulp.’ In 2017 Zucchetti Espinoza, the inventor, obtained a patent for his invention in Peru.
Good to see matters in practice.
More info on PPH here.
Source INDECOPI.
Thursday, 31 May 2018
Brazil in the Highway again!
The Patent Prosecution Highway (PPH) Pilot Project signed by the Brazilian National Institute of Industrial Property (INPI) and the US Patent and Trademark Office (USPTO) Phase I, was in force until May 10, 2018. The Pilot Project commenced on January 11, 2016, and was scheduled to end on January 10, 2018, but was later on extended until May 10, 2018.
Now the Pilot Project between these two offices have entered into Phase II, commencing on May 10 of this year and until April 30, 2020. By reading the Magazine of Industrial Property (RPI) nº 2470, published on 08 May, one can notice that another industry that will benefit from this project is the ‘information technology’ one – before, the Pilot Project Phase I was applicable to the ‘oil, gas and petrochemical industry’ only. Moreover, to be eligible, the invention needs to be classified with one of the symbols of the International Patent Classification - IPC.
According to INPI, 200 applications will be accepted among which up to 50 patent applications will obtain advantage from the preliminary opinion result obtained by the Patent Cooperation Treaty (PCT). Phase I was limited to the first 150 eligible applicants. INPI summarises the PPH stating that ‘Brazilians can use the result of the examination of the patent application in the INPI to accelerate the analysis in the United States and vice versa. Upon entering the program, INPI has issued a final decision in 180 days, on average’. A PPH does not automatically grants a patent, since each national IPO will carry out its examination pursuant to their own legislation and procedures in force.
More information can be found in the Revista da Propriedade Industrial (RPI) nº 2470 (in Portuguese)
Now the Pilot Project between these two offices have entered into Phase II, commencing on May 10 of this year and until April 30, 2020. By reading the Magazine of Industrial Property (RPI) nº 2470, published on 08 May, one can notice that another industry that will benefit from this project is the ‘information technology’ one – before, the Pilot Project Phase I was applicable to the ‘oil, gas and petrochemical industry’ only. Moreover, to be eligible, the invention needs to be classified with one of the symbols of the International Patent Classification - IPC.According to INPI, 200 applications will be accepted among which up to 50 patent applications will obtain advantage from the preliminary opinion result obtained by the Patent Cooperation Treaty (PCT). Phase I was limited to the first 150 eligible applicants. INPI summarises the PPH stating that ‘Brazilians can use the result of the examination of the patent application in the INPI to accelerate the analysis in the United States and vice versa. Upon entering the program, INPI has issued a final decision in 180 days, on average’. A PPH does not automatically grants a patent, since each national IPO will carry out its examination pursuant to their own legislation and procedures in force.
More information can be found in the Revista da Propriedade Industrial (RPI) nº 2470 (in Portuguese)
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