Patent Prosecution Highway (PPH) in Latin America
The Patent Prosecution Highway (PPH) is a mechanism designed to accelerate the patent examination and granting process. Through this system, an applicant who has obtained a patent in one patent office can request an accelerated examination of their corresponding application in another participating office, based on the work already carried out by the first office.
These cooperative agreements facilitate the exchange of information between patent offices, avoiding duplication of efforts and significantly speeding up the examination and granting procedures.
There are three main types of PPH:
- Standard PPH: The applicant gains access to an accelerated examination based on the examination already conducted by the office where the first application was filed.
- Mottainai PPH: The applicant can request a PPH using the examination results from any other participating office, regardless of where the first filing occurred.
- PCT-PPH: The applicant obtains an accelerated examination of their application using the international work conducted under the Patent Cooperation Treaty (PCT), performed by the office acting as the International Search Authority.
The requirements for accessing the program vary depending on the country and the corresponding patent office. It is important to note that participation in the PPH does not guarantee the automatic granting of the patent, as each patent office retains the ability to conduct additional searches and examinations as well as applying patentability criteria according to its jurisdiction.
In Latin America, countries such as Argentina, Brazil, Chile, Colombia, Mexico, Nicaragua, Paraguay, Peru, and Uruguay currently have PPH programs to accelerate the examination of patent applications.
However, other countries, such as Bolivia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Panama, and Venezuela, have not yet implemented such programs.
Since its implementation, the PPH has proven to be an effective tool, especially in countries whose patent offices face significant delays in the examination of applications. Thanks to this mechanism, the waiting time has been significantly reduced, shortening the examination and resolution process by years.
The PPH has become a valuable tool for streamlining patent processes in Latin America, promoting international cooperation, and benefiting both patent offices and applicants. Its implementation has been a crucial step in improving the efficiency of the patent system in the region, fostering innovation and technological development.
For further information please contact rmauro@ojambf.com
