The Brazilian Patent and Trademark Office (BPTO) just announced that the limit of 100 requests per annual cycle for participating in the Patent Prosecution Highway (PPH) program using a positive outcome from the PCT phase has been reached.

Therefore, according to Portaria INPI/PR nº 78/2022, any new PPH request based on a positive opinion issued in the PCT phase submitted during this year will be rejected.

Please be advised that it is still possible to file PPH requests based on counterpart granted/allowed case, provided that the foreign Patent Office has a PPH agreement signed with BPTO.

Besides the PPH program, there are other routes still available to expedite the prosecution of patent applications in Brazil, for instance: MEI, ME or EPP applicants; Scientific, Technological and Innovation Institution (ICT) and Startup; patent process which subject matter is considered green technology; health treatment technology (inventions related to the diagnosis, prophylaxis and/or treatment of AIDS, cancer, rare or neglected diseases and public health emergencies of national or international importance, such as COVID-19); technology of public interest or national emergency; technology available in the Brazilian market; patent family initiated in Brazil; and when there is an accusation of counterfeiting (by the applicant or a third party).

ClarkeModet offer proactive, strategic, and personalized patent consulting with an international team of specialists prepared to analyze your patent portfolio and suggest the most appropriate priority procedure route.

For more information, please contact us at: brj@clarkemodet.com.