The New Possibilities Of Applying For A Priority Examination At The Brazilian PTO

Author:Mr Victor Fachim
Profession:Daniel Advogados

Brazil's Patent and Trademark Office (PTO) has taken steps in recent months to try and reduce the enormous backlog of pending patent applications to be examined.

Besides extending the Green Patents Program (Resolution Nº 145/2015) of the recently created Patent Prosecution Highway Pilot Program (Resolution Nº 154/2015) - initiatives that allow the priority examination of certain "special" patent applications within the previously established requirements - and the creation of a new Task Force to speed up certain administrative analysis related to patent applications, the PTO also announced at the end of 2015, that it was updating its Priority Examinations Resolution for patent applications from 2013 (through Resolution Nº 151/2015) and, right at the beginning of 2016, the Priority Pilot Project BR (Resolution Nº 153/2015). These last two Resolutions are aimed at expanding the number of cases making a "normal" patent application liable for Priority Examination status.

In general terms, Resolution Nº 151/2015 makes the participation of "interested third parties" in transmitting the Priority Examinations requirement of patent applications more flexible.

As a result, the interested third party can now request Priority Examination status for a patent application of another applicant (usually its competitor) if: I) it can prove to the PTO that it itself has been accused by the other applicant of reproducing the object of the patent application in an undue way; or II) manage to prove to the PTO that it itself is the holder of a patent application or a granted patent, the technology of which is equivalent to the technology of the patent application of the another applicant or also the holder itself of technology that is equivalent to the technology of the patent application of the other applicant.

Bearing in mind that the first hipothesis was already foreseen in the patent applications Priority Examinations Resolution of 2013, the breakthrough lies in the second hipothesis, which, in a...

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