The Technical Guidelines established between the National Institute of Industrial Property of Brazil (INPI) and the Japan Patent Office (JPO) on the Patent Prosecution Highway Pilot Project has been implemented by Resolution/ INPI/PR nº 184, of March 24, 2017.
According to this Resolution, the conditions for eligibility of patent applications are as follows:
- The oldest patent application of the patent family must be applied at the INPI or the JPO, or at the Offices as Receiving Office for PCT-route.
- The PPH INPI-JPO Pilot Project will use the applications of Paris-Route and Direct-PCT-Route.
- All patent applications linked with the same patent family will be accepted. Patent family includes those patents and patent applications that share the same oldest patent application.
- Patent applications and the INPI’s utility model applications can be eligible for the requests for the PPH.
- The number of the requests for the PPH in each Office will be respectively limited to 200 (two hundred) cases.
- The INPI will only accept patent applications classified into the “Information Technology” technical field in line with the Annex I * under the PPH INPI-JPO Pilot Project.
- The JPO will accept patent applications classified at all of the technical fields under the PPH INPI-JPO Pilot Project.
- Divisional patent applications will not be accepted, unless (i) they are directly divided from the original application, as well as (ii) the division of the application has also been required in the Office of Earlier Examination (OEE).
- The INPI will limit the number of requests for the PPH made by same applicant as six per four months, except in the last four months of the project, where there will be no limit of the number of PPH requirements per applicant.
SYMBOLS OF INTERNATIONAL PATENT CLASSIFICATION – IPC
In order to participate in the PPH INPI-JPO Pilot Project, patent applications must be classified in at least one of the symbols of the International Patent Classification – IPC below, including their respective lower hierarchical levels of classification:
|Technical Field||IPC codes|
|1||Machinery and Electrical appliances, 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, H04N-015, H04N-017, H04R, H04S, H05K|
|3||Telecommunications||G08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N-001, H04N-007, H04N-011, H04Q|
|5||Basic Communication Processes||H03#|
|6||Computer technology||(G06# not G06Q), G11C, G10L|
|7||Methods of Information technology for management||G06Q|
|9||Miscellaneous||B60K, B60L, B60W, B62D, B62J, F02D, G02B, G02F, G03G, G08G, H01S, H04N19, H04N21, H04W, H05H|
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© Simões Intellectual Property – Brazil 2017