As a follow-up to our Circular nº 1/2025 regarding fast-track examination in Brazil, we would like to remind our clients of the advantages of the Patent Prosecution Highway (PPH) route before the BRPTO.

The PPH Program remains one of the most effective mechanisms to significantly reduce prosecution time. As the BRPTO applies quarterly limits on PPH requests, early assessment and filing are strongly recommended.

TIME SAVINGS THROUGH THE PPH ROUTE

The average time from request for examination to first-instance decision is approximately 57 months under the regular route versus 17 months via PPH. This represents a reduction of about 40 months in prosecution time.

OUR EXPERIENCE WITH PPH REQUESTS IN BRAZIL

Our firm has extensive experience with PPH filings. To date, 1,292 PPH requests filed by us have been admitted by the BRPTO. Among these cases, 77% resulted in patent grants, 13% remain under examination in first instance, and 10% resulted in rejection. Of the cases initially rejected, only 18% resulted in a final decision maintaining the rejection. These results confirm the high efficiency and success rate of the PPH route in Brazil.

ELIGIBILITY FOR THE BRAZILIAN PPH PROGRAM

Applications may qualify for PPH when claims have been considered allowable by a partner Patent Office under PPH, PPH-PCT and Global PPH (GPPH), including USA, Europe, Japan, China, South Korea, UK, Russia, Israel, Chile, Uruguay, among others (Please access: Source 1; Source 2). The Brazilian PPH Program is subject to annual quotas and quarterly limits, and certain IPC classes may be temporarily excluded. In particular, the BRPTO has suspended fast-track examination and PPH requests for applications classified under IPC H04 (telecommunications).

OTHER FAST-TRACK OPTIONS

Accelerated examination may also be available for applications involving, among others: 

- Therapies for cancer, AIDS, and neglected or rare diseases

- Technologies already available in the Brazilian market

- Unauthorized third-party use of the invention

- Green technologies (e.g., alternative energy, transportation, energy conservation, waste management, sustainable agriculture)

HOW WE CAN ASSIST

We would be pleased to review your Brazilian portfolio and identify applications eligible for PPH or other acceleration routes.

Given the limited number of PPH requests accepted each quarter, we recommend assessing potential candidates as early as possible. Please feel free to contact us for further information.