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Priority Patent Examination Modalities

Did you know that in some cases the exam of a patent application can be anticipated? We present below the modalities in which exams are prioritized, remembering that this prioritization must be required with corroborative documents.

60 YEARS OR OLDER

Application belonging to an individual aged 60 years or older.

DISABILITIES

Application belonging to an individual with physical or mental disability.

SEVERE DISEASE

Application belonging to the individual with severe disease.

HEALTH POLICY

Application whose object is product for treatment of specific diseases. Diseases considered by the Ministry of Health as neglected diseases are: Chagas Disease / Dengue / Dengue hemorrhagic / Chikungunya / Zika / Schistosomiasis / Leprosy / Leishmaniasis / Malaria / Tuberculosis / Buruli Ulcer / Neurocysticercosis / Bouba / Fascioliasis / Paragoniasis / Phylliasis Rabies / Helminthiasis / Manifestations of intoxication or poisoning due to poisonous or venomous animals.

GREEN PATENTS

Patents claiming the protection of green technology: Alternative Energy, Transportation, Energy Conservation, Waste Management and Agriculture, among others.

MISUSE OF THE INVENTION/ COUNTERFEITING

Application whose object is reproduced by third parties without permission. Evidence should be provided to Brazilian PTO that third parties are reproducing the subject matter of the patent application without your permission, and a copy of the extrajudicial notification of the accused party of improperly reproducing the object of the patent application, with proof of receipt, issued by the applicant or by a qualified attorney, expressly referring to the number of the patent application, the name of the applicant and the allegedly improper act.

TECHNOLOGY

Third parties are holders of technology that was subsequently filed as a patent. Send to Brazilian PTO a copy of the applicant’s patent application or patent of the application’s priority examination or evidence showing that the applicant of the patent application’s priority examination owns the technology object of the patent application, and filing an Opposition, in order to demonstrate that the object of the patent application is in prior art.

PPH (Patent Prosecution Highway)

Applications whose subject matter has been found patentable by a partner office. Brazilian PTO’s partner offices to date are: USPTO: American Patent and Trademark Office; JPO: Japanese Patent Office; PROSUL Patent Institutes (Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Paraguay, Peru and Uruguay); and EPO: European Patent Office; SIPO: State Intellectual Property Office of China; UKIPO: United Kingdom Intellectual Property Office.

PRIORITY BR

Patent family lawsuits whose protection was initially required in Brazil and later abroad.

ICTs

Applications belonging to Scientific, Technological and Innovation Institutions.

In all cases, to request any exam types:

– Patent fees should be up to date. Ex .: Annuity.

– It must be filed for at least 18 months or with the requirement of advance publication, and in the case of international applications, published by the World Industrial Property Organization (WIPO).

– Not having the technical exam started.

*With information by Brazilian PTO.

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