BRAZIL
December 11, 2024
The Brazilian Patent and Trademark Office (BRPTO) has published Ordinance No. 48, dated November 29, 2024 (Official Bulletin 2814 on December 10, 2024). This Ordinance officially launches Phase V of the Patent Prosecution Highway (PPH) Pilot Project, set to commence on January 1, 2025, following BRPTO’s accession to the Global Patent Prosecution Highway (GPPH) on July 6, 2024.
The Global Patent Prosecution Highway (GPPH) enables expedited examination of patent applications among participating Offices. Under this framework:
- The initial search and examination are conducted by the Office of Earlier Examination (OEE).
- Examination results identifying patentable subject matter (including PCT outcomes) can be used to request prioritized prosecution at other participating Offices, known as Offices of Later Examination (OLE).
- Applicants may file a request to any participating OLE, regardless of whether the first patent application filing was made with a GPPH participant.
- For GPPH requests, applicants must align claims with those deemed patentable by the OEE.
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