In recent months, the Chilean Patent Office has signed several bilateral and multilateral agreements called PPH (Patent Prosecution Highway) with other Patent Offices, which seeks to speed the patent procedures between the countries participating in the PPH program, thanks to the “reuse” of patent reports from the participating offices.
The essential condition is that at least one claim of a patent application has been considered patentable / or granted, by a first industrial property office (Office of Previous Examination), so as to require an expedited examination for the corresponding application, filed in a second country, with which a PPH agreement has been signed.
The request for PPH is formally analyzed and can be accepted or rejected. In case of rejection, the patent application continues its normal course, without receiving a treatment of preference.
The benefits are several:
– the substantive examination is accelerated as priority is given to those applications which meet the conditions.
– avoiding to delay the registration procedure.
– procedural costs are reduced (no official fees are paid for PPH required).
– legal certainty is gained in obtaining a patent. We have to keep in mind that it is not a guarantee of patent registration.
At this moment, Chile has signed PPH programs, for periods of 3 years, with the following regions or countries:
– Pacific Alliance: Colombia, Mexico, Peru and Chile.
– PROSUR: Argentina, Brazil, Colombia, Ecuador, Paraguay, Peru, Uruguay and Chile,
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