The Brazilian National Institute of Industrial Property (INPI) announced that the number of applications for the Patent Prosecution Highway (PPH) program, particularly the PCT-PPH, has already reached the annual limit for 2024. The fact that the limit of 100 cases was exceeded in just two months since the start of PCT-PPH applications vividly demonstrates the high demand for patent examination in Brazil and the eagerness of applicants who wish to accelerate the patent acquisition process.
The PPH is designed as an international framework to expedite patent application procedures. Its purpose is to promote efficient patent examinations by avoiding duplications in the examination process through sharing results among participating countries, utilizing the outcomes obtained during the PCT (Patent Cooperation Treaty) international phase. The PCT-PPH framework is particularly vital for companies and inventors seeking to secure patents from an international perspective.
However, reaching the limit this early can pose challenges for some applicants. Specifically, those who had hoped to use the PPH for examination within the year but are now unable to do so because the limit has already been reached. This situation underscores the importance of allowing ample time when planning patent applications.
Looking at the data from 2023, the limit for PPH applications was reached by June, and by the following month, the overall limit had been met, suggesting a high likelihood that the regular PPH will reach its limit early in 2024 as well. This trend indicates an increasing utilization of the patent system in Brazil and calls for further consideration of patent policies and the allocation of examination resources.
For Brazilian companies and researchers, while there is a demand for faster patent examination, the impact on examination quality must also be considered. As discussions for reviewing and improving the system are expected, policymakers and practitioners in patent policy need to explore appropriate measures to meet the needs of users.
