Patent Prosecution Highway- Phase II

The Brazilian Patent and Trademark Office (BPTO) approved phase II of its Patent Prosecution Highway (PPH) program, which commenced on January 1, 2021.  The PPH program is a bilateral agreement between the patent offices of different countries (“member countries”), and allows for expedited examination of patent applications if a final ruling from a member country’s patent office has allowed at least one claim.  That means a US patent applicant with allowed claims can file a corresponding patent application in Brazil under the PPH program to expedite examination in Brazil.  Phase II of Brazil’s PPH program expands the threshold number of PPH requests allowed per year, as well as the threshold number of PPH requests per application per week.  Phase II no longer requires that the application be filed firstly with the BPTO, and also removes the ability to appeal a denied PPH request.  For more information on expediting your US or foreign patent applications via the PPH program, contact FISH IP today.