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The Brazilian Patent and Trademark Office (BPTO) reaches the limit for PCT-PPH requests for 2024

Following our recent client alert, on March 7, 2024, the BPTO announced that it has reached the annual limit of 100 requests for participating in the PCT-PPH Program, when the results of International Preliminary Report on Patentability are used as the basis for such request. New requests for this modality will no longer be accepted in 2024. We will inform our clients as soon as this opportunity is once again available.

In 2023, the BPTO reached this limit only in June. The fact that this limit was now reached in March shows the increasing use of this fast-track examination proceeding by the Applicants to expedite prosecution of their applications in Brazil.

We highlight that such limit applies only to requests based on documents from corresponding PCT applications. Requests involving corresponding applications that have already been considered patentable by other certain Patent Offices (such as the USPTO, EPO or JPO) may still be submitted before the BPTO.

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