US and Brazil ink PPH to solve patent delay
The US and Brazil have agreed to form a Patent Prosecution Highway (PPH) aimed at speeding up patent applications in both jurisdictions.
The US Patent and Trademark Office (USPTO) and the Brazilian Patent and Trademark Office (INPI) will launch the two-year pilot programme on January 11, 2016, the USPTO said in a statement.
A PPH allows patent applicants to request accelerated examination of a patent at either office, provided the patent’s claims have previously been deemed acceptable at the other office.
Michelle Lee, director of the USPTO, said: “This agreement strengthens the economic relationship between the US and Brazil and further highlights the commitment both countries have made to provide a high-quality and efficient intellectual property system.”
Brazil’s INPI has faced criticism in the past for its long delay in granting patents. It has been known to take between 12 and 14 years to grant some patents.
Last month, WIPR’s sister title LSIPR reported that James Story, the US’s consul general in Rio de Janeiro, told an industry conference that US and Brazilian governments should work together to tackle the long delay in biotechnology-related patents.
A PPH could help solve this problem, he said.
Last year, a Global PPH was launched to simplify the typical system of having several bilateral agreements.
Currently 21 IP offices, though not the INPI, are participating in the Global PPH.
