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

Ken Shadlen k.shadlen at lse.ac.uk
Sun Mar 13 07:55:20 PDT 2011

Pedro -- Thanks for posting this. Peter Drahos writes a bit about the PPH in his book on patent offices, particularly about how the sharing of preliminary searches in this way can contribute to what he regards as "invisible harmonization" at the level of administrative practices. In the context of Brazil and public health, it's interesting that this is happening at the same time as the prior consent system, which served to prevent the granting of undeserved patents, is being eliminated. Please keep us posted.

On 11 Mar 2011, at 20:41, Pedro Villardi wrote:

> 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.
> Best,
> 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
> Brasil
> tel 21 2223-1040 -  fax 21 2253-8495
> www.abiaids.org.br
> www.deolhonaspatentes.org.br
> * *
> *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
> PPH.
> *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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