Brazilian Patent Office (BPTO) publishes new ordinances related to the PPH pilot project and priority examination for patent applications

In brief

On December 27, 2022, the BPTO 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 became into force on January 1, 2023.

More details 

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 (IPC) section per year, and maintained the total limit of applications at 800 per year. Applications may be submitted between January 1, 2023 and December 31, 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 startup applicant, the applicant must now comply with Article 4 of Complementary Law 182/2021, namely, to be a business/corporate organization, nascent or in recent operation, which 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.