On January 5, 2016, the Brazilian Patent and Trademark Office (BPTO) published the rules of the cooperation between Brazil and the U.S.A. in the examination of patent applications, also known as Patent Prosecution Highway (PPH).

The PPH started its pilot phase on January 11, 2016, enabling Brazilian inventors to use the results from the BPTO to expedite the analysis of their patent applications in the U.S. and vice-versa. Those whose patent applications were already examined by the BPTO may have a decision from the U.S. Patent Office in about three months.

It should be noted that during the pilot phase the BPTO will receive from the USPTO patent applications in the field of Oil & Gas for a period of two years. Brazilian companies, however, may apply for patents in any technology field in the USPTO. For additional information, please see the BPTO’s website (http://www.inpi.gov.br/noticias/inpi-formaliza-regras-e-pph-comeca-a-funcionar-dia-11-de-janeiro) and the USPTO (http://www.uspto.gov/sites/default/files/documents/pph_brazil_20160104.pdf and www.uspto.gov/sites/default/files/documents/PPH_MOU_and_Workplan_USPTO-INPI.pdf).

 

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