The BRPTO published on December 27, 2022, a new ordinance, No. 78, which establishes the fourth phase of the PPH program. The ordinance will be in force starting on January 01, 2023, and will be valid until December 31, 2025.
Some differences from the previous phase include:
In the case of division of the application before the PPH request, both the original application and its divisional application (s) must comply with the following: must have been published; the regular technical examination fee must be paid; no voluntary filing of divisional applications nor claim amendments should be made in the period between the request for admission in the PPH program and the decision to accept the admission in such program;
the program will allow up to 250 requests per annual cycle related to the same Section of the International Patent Classification (IPC).
In addition, please note that BRPTO has signed PPH agreements with the following jurisdictions: United States, Europe, Japan, China, Austria, Sweden, United Kingdom, Denmark, South Korea, Singapore, Portugal, Spain, France, and more recently Chile, Colombia, El Salvador, Ecuador, Paraguay, Peru, Dominican Republic, and Uruguay.
The additional rules for an application to qualify for the PPH in Brazil remain the same, i.e.: Read more