In July 2017, a new agreement between Latin American countries that make up the group named PROSUR will become effective. PROSUR is a joint initiative of certain countries to support and harmonize Industrial Property rights in their jurisdictions, which encompass Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru, and Uruguay.
The agreement is a Patent Prosecution Highway (PPH) pilot program, which establishes expedited patent analysis. The program will last until July 31, 2018.
Using the PPH-PROSUR program, it will be possible to request expedited analysis for patents of invention and utility models filed under the Paris Convention or the Patent Cooperation Treaty – PCT, under the following terms:
- When the original patent application is filed in a PROSUR-country, claiming priority rights in other participating jurisdictions, the first country which grants the patent can have its substantial analysis exported to other PROSUR-countries, so as to expedite its analysis;
- When a patent application is filed under the PCT with WIPO as the first filing office, then the patent filing enters into the national phase of any of the PROSUR-countries, and the patent is granted, this analysis can be exported to be used in the national phases of other PROSUR-country for expedited analysis
- When a patent request is filed under the PCT system directly in a Receiving Office of a PROSUR-country, and the receiving office issues a favorable analysis of patentability, it can be used in the national phase of the patent applications in other PROSUR-countries to expedite patentability analysis.
Some additional criteria for admission of patent applications into the PPH-PROSUR program might vary for each member of the agreement.
It is expected that this PPH program will especially help expedite patent analysis in Brazil. The program will certainly have an impact on the flow of technology between the members of PROSUR, allowing a higher level of economic interaction within South America.
Brazil has already entered into PPH pilot projects with other jurisdictions, including Japan and the United States.
For further information, please feel free to contact us.
Read it in PDF: PPH Prosul