Pilot Project Patent Prosecution Highway - PPH
Published in
Nov 27, 2015 10:49 AM
Updated in
Nov 30, 2020 11:10 PM
| PPH | Legislation | Signed agreements | Statistics | Presentations | Frequently Asked Questions | Individual pilot projects (ended) |
With Patent Prosecution Highway (PPH), after a partner patent office considers the matter of a patent application as patentable, it is then possible to give priority to the patent application for the same invention and owner in INPI.
The PPH, by using all information related to the search or examination of the Office of Earlier Examination (OEE), helps the applicants in their efforts to obtain patent rights with more legal certainty and more efficiently in several countries. Additionally, the project intends to optimize the examination of the main patent offices in the world.
| IMPORTANT: all PPH pilot projects were unified into a single one. Click here to access the unified PPH’s page. |
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INPI’s partner offices to date are:
- USPTO: United States Patent and Trademark Office;
- JPO: Japan Patent Office;
- PROSUL: Patent Offices of the PROSUL Countries (Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru, and Uruguay);
- EPO: European Patent Office;
- SIPO: State Intellectual Property Office of the People’s Republic of China;
- UKIPO: United Kingdom Intellectual Property Office.
| See the infographic with the PPH’s results until March 2019. |
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| See the infographic with the PPH’s results until May 2018. |
We present below the agreements executed with each partner office and the respective rules in Brazil:
The agreement executed with each partner office has distinct characteristics. We present in the table the main ones::
| Partner Offices | Term for requests | First Application | Technical field | Results of Examination | Limit on the number of requests |
|---|---|---|---|---|---|
|
PROSUL III
|
From 7/1/2019 to 11/30/2019
|
AR, BR, CL, CO, CR, EQ, PY, PE, or UY
|
All |
Any result indicating that there is patentable matter | none |
|
JPO II
|
From 4/1/2019 to 11/30/2019
|
BR or JPO |
Information Technology, chemical Macromolecules, and polymers; Metallurgy and materials;
Microorganisms and enzymes; Agrochemicals. |
Approved by JPO
|
up to 200 requests
|
| PROSUL II | From 7/1/2018 to 6/30/2019 | AR, BR, CL, CO, CR, EQ, PY, PE or UY | All | Any result indicating that there is patentable matter | none |
| DKPTO | From 9/1/2018 to 11/30/2019 | BR or DK | Mechanics | Approved by DKPTO | up to 200 requests |
| UKIPO | From 8/1/2018 to 11/30/2019 | BR or UK | Biotechnology and Information Technology | Approved by UKIPO | up to 200 requests |
| USPTO II | From 5/1/2018 to 4/30/2020 | BR or US | Oil and gas and Information Technology | PCT Result or Approved by USPTO | hasta 50 requerimientos basados en los resultados PCT con 200 requerimientos en total |
| SIPO | From 2/1/2018 to 11/30/2019 | BR or CN | Information Technology, Packaging, measurement technology, or chemistry (except for pharmaceutical products) | Approved by SIPO | up to 200 requests |
| EPO | From 12/1/2017 to 11/30/2019 | BR or EP | Chemistry and Medical Technology (except for pharmaceutical products) | Approved by EPO | up to 600 requests |
| PROSUL | From 7/1/2017 to 6/31/2018 | AR, BR, CL, CO, CR, EQ, PY, PE or UY | All | Any result indicating that there is patentable matter | none |
| JPO | From 4/1/2017 to 3/31/2019 | BR or JP | Information Technology | Approved by JPO | up to 200 requests |
| USPTO | From 1/11/2016 to 1/10/2018 | BR or US | Oil and gas | Approved by USPTO | up to 200 requests |
Partial Results (February 20, 2019)
| Agreement | US1 | US2 | JP1 | JP2 | PR1 | PR2 | PR3 | EP1 | CN1 | UK1 | DK1 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Requests | 72 | 186 | 125 | 35 | 3 | 6 | 3 | 47 | 171 | 0 | 0 |
| Assessment of the Requests | |||||||||||
| Unknown (15.7 / 28.20) | 1 | 2 | 4 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 0 |
| Eligible (28.1 or 28.30) | 57 | 163 | 102 | 33 | 2 | 6 | 3 | 35 | 158 | 0 | 0 |
| Ineligible (28.2 or 28.40) | 14 | 16 | 19 | 2 | 0 | 0 | 0 | 10 | 10 | 0 | 0 |
| Requests assessed | 72 | 181 | 125 | 35 | 3 | 6 | 3 | 45 | 171 | 0 | 0 |
| Average time (days) | 104 | 71 | 100 | 47 | 133 | 68 | 19 | 80 | 109 | - | - |
| 1st Technical examination of the application | |||||||||||
| Technical Requirements (6.1) | 23 | 44 | 36 | 6 | 0 | 0 | 0 | 14 | 27 | 0 | 0 |
| Acknowledgement of the Opinion (7.1) | 11 | 43 | 29 | 17 | 1 | 5 | 3 | 7 | 68 | 0 | 0 |
| Granted after 1st Examination(9.1) | 23 | 46 | 35 | 4 | 0 | 1 | 0 | 12 | 58 | 0 | 0 |
| Total 1st examinations carried out | 57 | 133 | 100 | 27 | 1 | 6 | 3 | 33 | 153 | 0 | 0 |
| Average time for 1st examination | 197 | 214 | 261 | 111 | 375 | 169 | 81 | 194 | 307 | - | - |
| Decisions of the Applications | |||||||||||
| Approvals (9.1 total) | 52 | 79 | 83 | 9 | 1 | 3 | 0 | 29 | 110 | 0 | 0 |
| Rejections (9.2) | 4 | 13 | 9 | 4 | 0 | 0 | 0 | 1 | 30 | 0 | 0 |
| Other Final Decisions | 1 | 3 | 0 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 |
| Total Decisions | 57 | 95 | 92 | 13 | 1 | 3 | 0 | 32 | 141 | 0 | 0 |
| Decision Time | 276 | 274 | 340 | 198 | 608 | 213 | - | 285 | 400 | - | - |