Numerical Limit to Japan-Brazil PPH Requests to be Relaxed

The Patent Prosecution Highway [Image Provision = Japan Patent Office]

◎ Background

Brazil which boasts the largest economy and population in South America is home to many Japanese companies that are developing businesses. However the patent examination procedures in place at the INPI often require six years on average between receiving an application and issuing a notice of the result.

In light of this situation on April 1 2017 the JPO and the INPI started the PPH pilot program* and since then many Japanese companies have made use of the program. Under this program applicants are able to dramatically shorten the period before receiving the examination results from the INPI to about six months on average which represents a significant improvement in obtaining Brazilian patents.

*The Patent Prosecution Highway (PPH) is an examination cooperation program between two Offices that allows the applicant to request the second Office (OLE: Office of Later Examination) to undertake an accelerated examination following a simple procedure if a corresponding application has been found allowable/patentable by the first Office (OEE: Office of Earlier Examination).

Nevertheless as the INPI limited the number of PPH requests that it accepts from each applicant to 1 application per month the JPO considering the request from PPH users has requested that the INPI relax its limitation.


◎ Detalis : Relaxation (from January 1st 2021)

From January 1 2021 the limitation in the number of PPH requests that the INPI accepts will be relaxed as below.

□ Relaxing the number of PPH requests per applicant
The number of PPH requests that an applicant is allowed to file with the INPI is to be relaxed from the current one per month to one per week.

□ Relaxing the upper limit on the number of PPH requests
The upper limit on the number of PPH requests filed with the INPI included those filed from countries other than Japan is relaxed from 400 per year to 600 per year an increase of 50%.

These relaxations of the number limitations on PPH requests will allow applicants to smoothly obtain more patent rights that they need in developing their businesses in Brazil.

For further information visit the website below:

◎ Division in Charge

Examination Promotion Office Administrative Affairs Division Patent and Design Examination Department (Physics Optics Social Infrastructure and Design) Japan Patent Office

International Cooperation Division Policy Planning and Coordination Department Japan Patent Office

Website: : http://www.wip-news.com/news/articleView.html?idxno=5182