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Reaching the Limit: Updates on Brazil’s PPH Program and Alternative Routes for expediting examination

By: Silvia Costa

July 11, 2023

The Brazilian Patent and Trademark Office (BPTO) has announced that the annual limit of 800 requests for participating in the Patent Prosecution Highway (PPH) program has been reached as of July 6, 2023.

It is noteworthy that this limit was reached much earlier than in the previous annual cycle of 2022, which only closed in November. This early achievement of the limit indicates the effectiveness of the PPH program and the growing confidence of numerous applicants who have consistently requested acceleration, resulting in reaching the limit even before the year-end.

As a result, no additional PPH requests can be filed until a new Ordinance is published. We anticipate that the PPH program will probably be restarted only at the beginning of 2024.

Apart from the PPH program, there are alternative routes available to expedite the prosecution of patent applications in Brazil. These include:

  1. Applicants classified as MEI (Microentrepreneur), ME (Microenterprise), or EPP (Small Business);
  2. Scientific, Technological, and Innovation Institutions (ICT) and Startups;
  3. Patent applications related to green technology;
  4. Inventions related to health treatment, including those for the diagnosis, prophylaxis, and/or, treatment of diseases such as AIDS, cancer, rare or neglected diseases, and national or international public health emergencies like COVID-19;
  5. Technologies of public interest or national emergency;
  6. Technologies already available in the Brazilian market;
  7. Patent families initiated in Brazil; and
  8. Cases involving allegations of counterfeiting, whether made by the applicant or a third party.

Additionally, if you require further guidance, we offer consultancy services to help you explore the available routes for expediting your application. Our experienced team can provide personalized advice and support tailored to your specific needs. Feel free to contact us at brj@clarkemodet.com for a consultation to ensure a smooth and efficient prosecution of your patent application.

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