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

By Mariano Santos

04-2020

LATAM IP offices implement measures in wake of the Coronavirus crisis

Country

Status

Last Update

Bolivia             

­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

April 17, 2020

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.
April 15, 2020

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.
April 16, 2020

Colombia

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

April 17, 2020

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

April 17, 2020

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.

April 17, 2020

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.

April 17, 2020

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.
April 17, 2020

Nicaragua

­There is no protocol or procedure similar to the Brazilian one at present for the purpose of accelerating the processing of patents relating to the fight against COVID-19. However, we have been informed that some work is currently being done on this subject, without giving further details April 17, 2020

Panama

­At the moment there is nothing established on the subject

April 17, 2020
Paraguay ­The national office has not implemented any procedure for the purpose of speeding up the processing of any patents April 17, 2020
 Peru April 17, 2020
Dominican Rep.  ­To date, the National Office of Industrial Property (ONAPI) has not implemented a protocol or procedure to accelerate the processing of patents relating to the fight against COVID-19, or any other type of patent April 17, 2020 
Uruguay  No protocol or procedure has been implemented to speed up the processing of patents relating to the fight against COVID-19, or of any other type of patent recently. If there has been a possibility for more than one year to file an accelerated examination of patent studies by submitting other search reports issued by foreign offices within certain characteristics (PAR). April 17, 2020
Venezuela  ­The Patent and Trademark Office is closed and has not issued to date any procedures to accelerate the processing of patents related to COVID-19.  April 17, 2020