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Patent Prosecution Highway – JPO Edition

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March 29, 2017

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The Brazilian Patent and Trademark Office (Brazilian PTO) published today, March 28, 2017, Resolution nº 184/2017 establishing the criteria for a Japanese edition of the fast-track examination program of patent applications through the Patent Prosecution Highway – PPH.

This resolution will be in force as from April 1st, 2017, and it is directed to applications filed in Brazil relating to the field of Information Technology.

The main requirements for an application filed in Brazil to be included in the PPH program shall be:


(i) there will be no limitations as to the filing date of the patent applications;
(ii) the patent application may refer to an invention or to an utility model;
(iii) the application should not involve a division, with exception of those resulting from the direct division of the original application and in view of an opinion of lack of unity of the invention;
(iv)  the patent application should be classified by the Brazilian PTO in accordance with any the following IPC codes, including the lower subclasses:

 

Technical Field

IPC codes

1

Electrical machines and apparatus, energy

F21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z

2

Audiovisual technology

G09F, G09G, G11B, H04N-003, H04N-005, H04N-009, H04N-013, H0-4N-015, H04N-017, H04R, H04S, H05K

3

Telecommunication

G08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N-001, H04N-007, H04N-011, H04Q

4

Digital communication

H04L

5

Basic processes of communication

H03#

6

Computing technology

(G06# not G06Q), G11C, G10L

7

Information technology methods for management

G06Q

8

Semiconductors

H01L

9

Various

B60K, B60L, B60W, B62D, B62J, F02D, G02B, G02F, G03G, G08G, H01S, H04N19, H04N21, H04W, H05H

 (v) the patent family of the application should have at least the first patent application filed with the Brazilian PTO or with the JPO.


Requests for inclusion must be made by March 31th, 2019. A maximum of 200 (two hundred) Brazilian patent applications will be accepted for inclusion, acceptance being decided in accordance with the chronological order of the requests.
Moreover, a maximum number of six applications per applicant will be admitted each four months.

Thus, if you consider that the above provisions apply to your patent application(s) and you are interested in participating in the PPH Program, we recommend that you instruct us as soon as possible, by providing the numbers of those applications, listed by relevance, so that we can properly schedule the respective requirement of the first six cases for the first working day of the program.

If you required further information, we will be pleased to assist you.

 

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