Brazilian Patent Office Updates Criteria for Patent Prosecution Highway (PPH) Requests in 2025

Effective January 1, 2025, the INPI/DIRPA Ordinance No. 26/2024 established new guidelines for submitting requests under Phase V of the Patent Prosecution Highway (PPH) project. This initiative introduces significant updates designed to enhance transparency and efficiency in the processing of patent applications by the Brazilian Patent and Trademark Office (BPTO).

Highlights of the 2025 PPH Program:

Expanded Quota System: A total of 3,200 PPH requests will be available in 2025, divided quarterly as follows:

o 800 slots available as of January 1, 2025.
o 800 additional slots to open on April 1, July 1, and October 1, respectively.

First Come, First Served: Requests will be processed based on the date and time of submission.

Suspension Upon Quota Reaching Capacity: Once the quarterly quota has been reached:
o Further PPH requests will be temporarily suspended for patent applications across all sections of the International Patent Classification (IPC). 
o Any already-submitted patent application will continue its regular processing, but any amendments submitted with the PPH request will not be considered.

Restrictions on IPC H04 Applications: During the first quarter of 2025, PPH requests for applications with a primary classification under IPC H04 (covering electronic communication technologies) are not being accepted. The acceptance of these requests will be reassessed on a quarterly basis.

Non-Admissible Requests: For PPH requests that fail to meet specific requirements:
o The application will continue its standard processing.
o But modifications submitted alongside the PPH request will not be considered.
o Refunds may be requested for non-admitted prioritized processing fees.

Weekly Updates: The BPTO will publish weekly summaries of the total number of PPH requests submitted during the current year on its official website.

This updated framework provides companies and inventors with expanded opportunities to fast-track their patent applications and with clear submission rules. As of January 10, 2025, 79 PPH requests have already been submitted— 9.7% more than in the same period last year—signaling strong interest in this year’s program.

If you would like to assess whether your patent application qualifies for the 2025 PPH program or need support in preparing your request, please contact our Intellectual Property & Data Protection team. We can assist you in navigating the updated criteria and maximizing the benefits of this accelerated examination route.