On December 29, 2020, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 404, which implements phase II of the Patent Prosecution Highway (PPH) pilot project. Due to the success of the Combat Plan Against Backlog, the implementation of phase II, initially predicted to occur in 2022, was anticipated to the beginning of 2021.
Ordinance No. 404 will enter into force as from January 01, 2021, presenting some changes in its wording, such as:
- The limit of prior prosecution requests has been increased to 600 requests per year, wherein it will be allowed up to 150 requests per IPC section per year, as well as 1 request per applicant per week;
- Responses against non-admission of requirements will not be accepted;
- Paid fees concerning requests which exceed the above-mentioned limits may be reimbursed; and
- Eligible applications must belong to a patent family that comprise a first application filed in any one of the PPH participant Offices.
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