Phase II of BRPTO-JPO PPH: Rule # 235/2019 defines new requirements and extends the covered technical fields
The Brazilian PTO (BRPTO) published yesterday (February 12th) Rule # 235/2019, which establishes the second phase of the Patent Prosecution Highway (PPH) between the Brazilian PTO and the Japan PTO (JPO). The period for receiving fast-track examination requests under this PPH is between April 1st, 2019 and March 31st, 2021.
In this new phase, some modifications were performed in the requirements to participate in the program. The main aspects can be summarized as follows:
- Subject matter eligible to the BRPTO-JPO PPH II:
| Technical field | IPC code |
| Electrical machinery and apparatus, energy | F21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z |
| Audiovisual technology | G09F, G09G, G11B, H04N3, H04N5, H04N9, H04N13, H04N15, H04N17, H04R, H04S, H05K |
| Telecommunications | G08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N1, H04N7, H04N11, H04Q |
| Digital communications | H04L |
| Basic communication processes | H03# |
| Information technology | G06# (not including G06Q), G11C, G10L |
| Methods of information technology for management | G06Q |
| Semiconductors | H01L |
| Macromolecular chemistry, polymers | C08B, C08C, C08F, C08G, C08H, C08K, C08L |
| Metallurgy and materials | B21#, B22C, B22D, B22F, C01B, C01C, C01D, C01F, C01G, C03C, C04B, C21B, C21C, C21D, C22B, C22C, C22F |
| Agrochemicals | A01N, A01P, C07D, C07G, C07H, C07J |
| Microorganisms or enzymes | C12N |
| Others | B60#, B62#, C08J, F02D, G02B, G02F, G03G, G05#, G08G, H01S, H04N19, H04N21, H04W, H05H |
- Patent applications filed at least 18 months before requesting fast-track examination under this PPH or patent application with early publication requested;
- Each Applicant can request the participation of only one application per month in this PPH;
- Earliest priority application must be Japanese or, in case of a PCT application without priority claimed, the JPO must be the receiving office;
- The Brazilian PTO will technically examine up to 200 patent applications under this PPH;
- The Brazilian patent application must have at least one application of its family allowed by the JPO;
- Patent applications must have the regular examination already requested and the technical examination must not have been started;
- Patent applications must claim the same or narrower subject matter than the one considered allowed by the JPO.