Successful Patent Prosecution Highway program reaches annual limit in Brazil

by , | Sep 29, 2022 | Client Alert, Patents

With the annual limit reached in September, new applications can only be submitted from 01/01/2023 onwards

We ended the third quarter of 2022 reaching the annual limit of 800 applications under the Patent Prosecution Highway program. Reaching this limit so early in the year is yet another demonstration of the program’s success in Brazil.

In the first quarter, section H of the International Patent Classification (IPC) had already reached the limit of 150 applications per section, as stipulated in INPI/PR Ordinance No. 13/2022. Since then, only section C has reached the aforementioned limit of 150 applications. The number of applications using the PCT results has almost reached its limit of 100 applications, now standing at 99.

Given that the annual limit of 800 applications has been reached, the INPI will not accept new applications for participation in the PPH program this year, even for patent applications for IPC sections that have not reached the limit of 150 applications or for applications based on the results of the PCT. New applications may be submitted only from 01/01/2023 onwards, when the annual limits, per section and based on the PCT will be reset.

“The result was also brought about because applicants are believing in the PPH program. So, on the one hand, we have the trust of the applicant and, on the other, the INPI is complying with the speed and effectiveness of the PPH program.”, states Gustavo Sartori, partner at Daniel Law.

“In 2021 and 2022, Daniel was responsible for working on more than 12% of PPH cases, being among the three offices with the most performance in this type of accelerated examination”, adds Marcelo Corrêa, Tech Leader at Daniel Law.


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