Changes in Brazil’s Patent Application Process and Latest Updates on PPH Program for 2024
We are pleased to inform you about significant changes taking place at the Brazilian Patent Office (BPTO) to expedite the study of patent applications.
Changes in the criteria for the order of examining Patent Applications:
Starting January 1, 2024, the BPTO will prioritize the examination of patent applications based on the date on which a request for examination was filed, rather than the traditional chronological order of filing dates.
This modification empowers applicants by granting greater control over the examination timeline for their applications and is designed to introduce a more efficient approach to handling voluntary amendments.
To benefit from this change, it is advisable to file a request for examination as soon as possible, before the 36 month term to do so, but bearing in mind that once a request for examination has been filed it is no longer possible to submit voluntary amendments.
PPH Program Updates:
In parallel, the BPTO has launched the latest cycle of Phase IV of the PPH program, effective January 1, 2024. This program facilitates expedited examination based on active agreements with partner offices. For 2024, specific limits apply:
- A total of 800 requests will be processed.
- Among them, 250 requests can share the same IPC classification, and 100 requests can be based on PCT ISA results.
- Each applicant can submit one request per week.
Given the historical trend of reaching the request limit before the year-end, we recommend submitting PPH requests as early as possible to ensure participation. To be eligible the following basic requirements must be met:
- The application must have been published,
- A request for examination must have been filed but the technical examination must have not started;
- It must have conformity with patent family criteria.
- The application should claim the same or narrower subject matter than the one considered patentable by an office with an active agreement with the BRPTO, being forbidden to add any matter not examined by the partner office.
The documents required for PPH program participation include copy of the front page of the oldest application filing, evidence of patentable subject matter acknowledgment by a partner office (i.e., notice of allowance, intention to grant, positive opinion on the PCT Patentability Report, etc.) copies of non-patent documents cited in prior examination reports and copy of the claim set presented to the partner office that resulted in patentable subject matter
If you have any questions or need further assistance, please feel free to reach out. For further information please contact rmauro@ojmabf.com
