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Brazilian PTO anticipated the second phase of the Patent Prosecution Highway (PPH) Priority Examination Program

As one of the measures to help reducing the backlog of patent applications, the Brazilian PTO (Instituto Nacional da Propriedade Industrial – INPI) anticipated the second phase of the Patent Prosecution Highway (PPH) Priority Examination Program.

Ordinance No. 404/2020, which came into force at the beginning of 2021, establishes new rules for the PPH, the most significant ones being:

  1. the increase of total requirements from 400 to 600 per year (with a limit of 150 in a given international classification);
  2. increase of applications per the same applicant from 1 per month to 1 per week; and
  3. possibiliy of using the technical examination carried out by any partner patent office – the limitation of mandatorily using the examination of the priority application is revoked now, as previously restricted in the first phase.

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