Brazil: BPTO publishes new ordinances related to PPH pilot project and priority examination for patent applications

10 Jan 2023    1 minute read

In brief

On 27 December 2022, the  Brazilian Patent and Trademark Office published Ordinance/BPTO/PR nº 78, which establishes phase IV of the pilot project for shared examination Patent Prosecution Highway (PPH), as well as Ordinance/BPTO/PR nº 79, which governs the priority processing of patent applications. Both came into force on 1 January 2023.

Contents

Ordinance/BPTO/PR nº 78 increased to 250 the limit of applications that will be allowed to participate in the pilot project in the same International Patent Classification section per year, and maintained the total limit of applications at 800 per year. Applications may be submitted up to 31 December 2025.

Ordinance/BPTO/PR nº 79 regulates all priority procedures previously addressed by Ordinances nº 53 and 54 (now revoked) and adds the following changes:

  • There is no longer a time limit for submitting applications in the 'Technology Available on the Market' and 'Technology Resulting from Public Financing' modalities. There is also no limit for applications per week/year.
  • In relation to start-up applicants, applicants must now comply with the provision of Article 4 of Complementary Law 182/2021, which is to be a business/corporate organization, nascent or in recent operation, that operates in the innovation of business models, products or services.
  • The modality 'Technology for Health Treatment' was expanded in order to include technologies for the treatment of COVID-19.
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