[Ip-health] PPH Agreement between US and Brazil will be signed shortly

Pedro Villardi pvillardi at gmail.com
Fri Mar 11 12:41:47 PST 2011

Dear all,

we translated an article (below) published today here in Brazil. We are
concerned about the PPH consequences to Brazilian public health policies and
would like to ask your collaboration to discuss the theme. We are aware that
this kind of agreement has already been signed with several other countries.
Were there any implications? Has the acceleration of exam resulted yet in
any underserved patents?

Thank you in advance.

Also, we would link to share our solidarity with the Japanese people.


Pedro Villardi
Working Group of Intellectual Property - GTPI/REBRIP
Associação Brasileira Interdisciplinar de AIDS - ABIA
Av. Presidente Vargas, 446/13° andar - Centro
Rio de Janeiro - RJ
tel 21 2223-1040 -  fax 21 2253-8495

* *

*Obama will sign an agreement to accelerate the patent examination process
in Brazil** **
*Assessment bodies of intellectual property of the two countries will share
information that can stimulate business IT** **
Brazil will sign with the U.S. during the visit of President Barack Obama on
19th and 20th an agreement to accelerate the analisys of patents in the
country. The agreement will make available to the National Institute of
Industrial Property (INPI, acronym in portuguese) - the body responsible for
examining patent applications in Brazil - results of tests and searches of
patents already made in the USA. Thus, duplication of efforts will be
reduced and, thus, the process will be faster. The Ministry of Development,
Industry and Foreign Trade (MDIC, acronym in Portuguese) expects from the
deal the elimination of much of the current queue waiting for the patent,
which lasts an average of eight years.

The main sector to be encouraged by this agreement will be the information
technology (IT), explains Julio Cesar Moreira, substitute director of
patents of INPI. According to him, in this field the delay of four or five
years to review the patent could mean the commercial failure of discovery,
even if the patent is granted after that period. "It's an industry of
short-lived because the innovations become obsolete quickly."

The agreement is called Patent Prossecution Highway (PPH) and has been
signed between the U.S. and 16 other countries, including China, United
Kingdom and European Union. Brazil enters the PPH in the first year, only
with the U.S. and in a restricted way. But over time, the agreement can be
broadened and include other countries and technological fields.

The onset of the partnership between U.S. and Brazil is expected in
July.Today, 30% of patent applications in INPI come from the
U.S., says Moreira, and therefore may become more responsive by joining the

*Reduce term of patent examination is a goal** **
The integration of PPH in Brazil is part of a larger project of the INPI to
accelerate the period of patent examination in the country. Currently, they
take on average eight years, between the application and the granting or
denial. The goal of the organization is to reduce the average time for four
years until 2014.

To reduce this period, measures have also been adopted as the replacement of
internal procedures, hiring more technical and the creation of productivity
targets for the examinators. "The idea is also to give the resident in
Brazil a faster search and preliminary patent examination" says Moreno.

(Adapted from: http://migre.me/41P9G. Free translation by Pedro Villardi)

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