Accelerate examination of patents associated with combating COVID-19 - Update

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­It has not implemented a protocol or procedure similar to the one for accelerating the patent processes relating to COVID-19. The unique and only option is to request the anticipated publication of the patent

Brazil

• ­ The Brazilian Patent Trademark Office (INPI) will accelerate examination of patents associated with combating COVID-19
  
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• With a focus on stimulating the production and licensing of new technologies, the INPI will prioritize the examination of patent applications related to innovations that can be used to fight the pandemic of the new coronavirus. The measure was made official through Ordinance No. 149/2020, published on April 7, 2020, amending Resolution 239/19, which regulates the priority procedure for patent application processes, to allow it in the examination of patent applications related to COVID-19.
  
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• This prioritization will be valid until June 30, 2021, and focuses on examination of patent applications related to pharmaceutical products, processes, equipment and/or materials for use in health, aiming at the diagnosis, prophylaxis and treatment of COVID-19.
  
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• The request for priority procedure must be filed by the Applicant or interested third party, individual or legal entity, and should contain a clarification indicating the relationship of the matter of the process with the diagnosis, prophylaxis and/or treatment of COVID-19 patients.
  
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• In addition to the actions taken in examining patents, INPI is also working to encourage the patenting of innovations in Brazil, also with a focus on combating COVID-19.

Chile

• ­ The Chilean Patent Office (INAPI), following an application from a specific Pharmaceutical Laboratory, has decided to release 6 patents linked to medicines whose active ingredients have been tested to combat COVID-19.
  
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• In comparison to what has been done in Brazil, up to date INAPI has not issued any resolution or notification that could affect the processing of the patents related to COVID-19, not even for the acceleration of the processing.

Colombia

­No national and/or regional provisions have been issued to create an expedited processing mechanism for products or procedures to address COVID-19.

Costa Rica

­There are no specific guidelines yet on any special treatment, which are being managed at this time. So, if any related patents were to be filed these days, ideally a letter should be written to the patent director to give them discretion as to whether or not to grant a special process

El Salvador

­So far nothing has been officially published about the accelerated patent examination for COVID-19, the National Registration Center is not included in the institutions that can operate during the present emergency.

Guatemala

­To date, neither the Intellectual Property Registry nor the Ministry of Health has implemented any protocol or similar procedure to accelerate the processing of patents related to the fight against COVID-19.

Mexico

• ­ The Mexican Institute of Industrial Property (IMPI) has not implemented any particular protocol for patents that could be related to the fight against COVID-19.
  
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• The protocols have been established through COFEPRIS (Federal Commission for the Protection against Sanitary Risks), which is the entity in charge of granting sanitary authorizations and registrations in MEXICO. Through this Institution, a list of homoclaves of inputs necessary to fight the contingency was established. This allows for speeding up the import and export procedures for these inputs.
  
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• Also, those pharmaceutical products (covered by a patent or not) and treatments that can be used to combat COVID-19, are being given priority for clinical trials.

Nicaragua

Panama

­At the moment there is nothing established on the subject

•  The following initiatives have been taken, one related to financing and accelerating the processing of patents related to the fight against COVID-19:
  
  ­ https://www.indecopi.gob.pe/en/-/el-indecopi-lanza-concurso-para-financiar-y-acelerar-patentes-de-inventos-que-esten-vinculados-a-combatir-el-covid-19
  
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• And the other one a list of patents that are already in the public domain and include inventions that can be used for such a fight.
  
  ­ https://www.indecopi.gob.pe/en/-/indecopi-lanza-publicacion-digital-de-patentes-de-libre-uso-y-vigentes-sobre-mascarillas-respiradores-y-otros-productos-utiles-para-afrontar-la-pandem