Opportunities for Patent Applicants in Latin America: Benefiting from Work Sharing Programs and Other Fast-Track Options
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Patent Offices, applicants and other stakeholders around the world are all interested in increasing the efficiency of patent examination, and improving the quality of granted patents. Work sharing programs, such as the Patent Prosecution Highway (PPH) and the Parallel Patent Grant (PPG) programs, and other fast-track options allowing applicants to obtain expedited examination for certain applications, are critical to achieve such goals. In this sense, the exchange of search results between Patent Offices, for example, or allowing an applicant who receives a positive ruling from a certain Patent Office, to request accelerated prosecution of corresponding claims in another Patent Office, avoids unnecessary workload and duplication of effort, reduces patent backlogs, and also avoids inconsistencies in patentability decisions amongst different Patent Offices.
PPH, PPG and other fast-track programs are being implemented to increase efficiency and patent quality is Latin America, and companies doing business in the region can take advantage of them to overcome backlog issues, increase their chances of obtaining patent protection, and ultimately implement strategies that deliver a higher return on investment.
In this webinar, a speaker from the U.S. Patent and Trademark Office (USPTO) will provide an overview of the PPH programs in Latin America, and explain the PPG agreement between the USPTO and the Mexican PTO (IMPI). A speaker from the Brazilian PTO (INPI) will discuss the success of the PPH pilot program, explain other fast-track options currently available, and show the results of the Program for Tackling the Backlog. An experienced attorney based in Brazil will share insights from a practitioner’s perspective managing patent portfolios in Latin America.
Patent Attorney, Office of Policy & International Affairs
Jesus Hernandez is a Patent Attorney at the Office of Policy and International Affairs (OPIA) within the USPTO. OPIA assists the USPTO Director and Under Secretary of Commerce for Intellectual Property in advising the Secretary of Commerce and Federal agencies on IP policy. Jesus leads the U.S. delegation to the Standing Committee on the Law of Patents at the World Intellectual Property Organization (WIPO). Jesus assists with the formulation of U.S. patent policy in the Western Hemisphere -- specializing in Latin America. He advises the Office of the United States Trade Representative in trade discussions involving patents and related rights.
Deputy Head of the Special Patent Affairs Service
Diego Musskopf is an Architect and Urbanist (UFRGS / FAU / 2004), Master in Civil Engineering in the area of More Sustainable Constructions (UFRGS / NORIE / 2007), Doctor in Public Policies in the area of Innovation, Industrial Property and Development (UFRJ / IE / 2017), Specialist in Contemporary Public Management in the area of Business Process Management (UFRGS / CEAPC / 2019). He has been a civil servant of INPI-BR (BRPTO) since 2009, where he holds the positions of Industrial Property Researcher (patent examiner), Manager of the Priority Task Force and Deputy Head of the Special Patent Affairs Service (SAESP).
Ricardo Nunes is licensed to practice in Brazil and in the State of New York. He is Partner and Head of Patents at Daniel Law, a top Brazilian IP-focused law firm who works primarily with complex patent issues. He is also listed by Who’s Who Legal as a Global Leader in the field, by IAM300 Strategy as one of the World’s Leading IP Strategists, and by The Legal 500 as a top practitioner. Ricardo has an LL.M. degree in IP Law, summa cum laude, from The George Washington University, and a Master’s degree in Law & Regulation from a top Brazilian university.