The program recognizes patent protection as a key element in promoting technological innovation among countries.
In July 2022, the National Institute of Industrial Property – INPI renewed the Patent Prosecution Highway (PPH) program agreement with the Korean Intellectual Property Office (KIPO) for a period of 5 years.
The INPI recognizes a growing need to deal with the increasing number of patent applications filed internationally, resulting from a significant demand for patent protection considering the globalization of the world economy.
The PPH seeks a less costly and higher quality path in terms of patent protection and to make the patent processing procedures in the Institutions more efficient, for the benefit of applicants in both countries included in the agreement.
The effectiveness of the acceleration program provides a timely reminder for you to act now and avoid missing the opportunity to obtain your patent through the PPH.
The month of July started with significant news from the Brazilian National Institute of Industrial Property – INPI. The authority reported that the limit of 150 patent prosecution highway (PPH) requests was reached in 2022 for patent applications classified in section H of the International Patent Classification (IPC), as stipulated in Inpi/PR Ordinance No. 13/2022.
“The result was achieved because applicants now believe in the PPH program. On one hand, we have the trust of the applicant and, on the other, the INPI is fulfilling its role in conducting the PPH program with speed and effectiveness” states Gustavo Sartori, partner at Daniel Law.
This means that further requests for applications classified in section H will be rejected. The annual cycle ends on 31/12/2022 and, after this date, it will be possible to make new requests for applications with this classification.
It is still possible to make requests for patent applications classified in the other sections of the IPC. Below you can see a table setting out the sections as per which you can still apply.
“The PTO limits the number of requests for expedited examination of patent applications in the PPH program. There are two types of limits: the overall limit for requests; and the limit by classification. Both should be considered. In practical terms, the PTO may receive up to 150 requests for participation in PPH in respect of patent applications classified under categories A to H, i.e., the limit is 150 requests for each of classifications A to H.”, Sartori notes.
The H classification has now reached its limit, as the PTO received more than 150 requests to speed up the examination of patent applications whose classification is H. “Beyond this limit by category, there is a global and annual request limit, which is 800. If this limit of 800 is reached (regardless of whether the classification limits have also been reached or not), the PTO will no longer receive applications in that year. In January 2023, this limit will be reset.”, Sartori points out.
Until the end of June 2022, 616 requests were made and 484 evaluated. The average time between the application and the decision is 91 days, but a decision has already been submitted in a record 32 days.
“In 2021, Daniel was responsible for acting in 16% of PPH cases, with the firm having the highest representation in the market. This year we have already worked in 13% of the cases, being among the three offices with the highest performance”, adds Marcelo Corrêa, Daniel’s Tech Leader.
International Patent Classification
Every patent/patent application is indexed according to the international patent classification. This classification specifies the subject or technology to which the patent application or patent relates.
• Section A — Human Needs
• Section B – processing operations; transport
• Section C— chemistry; metallurgy
• Section D — textiles; paper
• Section E — fixed constructions
• Section F— mechanical engineering; lighting; heating; weapons; explosives
• Section G— physics
• Section H — electricity
If your patent does not fall within Section H, you can immediately request your patent to be reviewed in 2022. If your patent relates to Section H, please contact us to review how best to obtain your grant.