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Patent Prosecution Highway program in Brazil reaches its limit

By: Ricardo Boclin

September 30, 2022

    The BRPTO published on September 29, 2022, that the maximum of 800 (eight hundred) PPH requirements available for 2022 have reached its limit.

    From now on, it is not possible to submit new PPH requests until a new Ordinance is published.

    This new ordinance is expected to be published at the beginning of 2023.

    Besides the PPH program, there are other routes still available to expedite the prosecution of patent applications in Brazil, for instance:

    • when the product related to the object of the patent application is already within the Brazilian market;
    • patent applications for inventions related to the diagnosis, prophylaxis, and treatment of AIDS, cancer, rare or neglected diseases, or for treating the symptoms of COVID-19;
    • patent applications related to green inventions;
    • patent applications whose object is being reproduced by third parties without authorization;
    • patent applications whose third parties are being accused of counterfeiting;
    • patent applications with prior users of the technology; or
    • patent applications whose grant is a condition for obtaining financial resources.

    For any further clarification, please feel free to contact us at brj@clarkemodet.com.

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