On December 10, 2024, the Brazilian Patent and Trademark Office (BPTO) released Ordinance No. 48 in Official Bulletin No. 2,814, which will take effect from January 1st, 2025. This ordinance introduces Phase V of the Patent Prosecution Highway (PPH) program and outlines corresponding provisions since the BPTO joined the Global PPH.
Compared to the previous phase, several modifications have been introduced:
· PPH requests can now be submitted for applications whose priority does not originate from a PPH partner patent office.
· The list of partner offices has been expanded to include all Global PPH participating patent offices.
· Technical examination results from partner patent offices, which determine patentable subject matter, will be accepted.
· The definition of "patentable subject matter" has been revised to incorporate subject matter examined by the PCT.
· New limits have been set for PPH requests, with a maximum of 3,200 per annual cycle and 1,000 per International Patent Classification (IPC) section.
· The previous limits for PCT-based PPH requests and the weekly cap of one PPH request per applicant have been lifted.
The current PPH partner offices encompass Australia, Austria, Canada, Chile, China, Colombia, Denmark, the Dominican Republic, Ecuador, El Salvador, Estonia, the European Patent Office, France, Germany, Hungary, Iceland, Israel, Japan, New Zealand, the Nordic Patent Institute, Norway, Paraguay, Peru, Poland, Portugal, Russia, Singapore, South Korea, Spain, Sweden, the United Kingdom, the United States, Uruguay, and the Visegrad Patent Institute.
Information source:
https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/fase-v-do-projeto-piloto-pph-entrara-em-vigor-em-01-01-2025