What is Brazil’s PPH Phase V?
From January 2025 to the end of December 2029, the Brazilian Patent and Trademark Office (INPI) will implement the newly announced PPH (Patent Prosecution Highway) Pilot Project Phase V.
The following changes in Phase V are particularly noteworthy:
- Application Limit
Expanded significantly from 800 applications per year to 3,200 applications per year
- PCT-PPH Limit
Eliminated
- Application Limit by International Patent Classification (IPC)
Increased from 250 applications per year to 1,000 applications per year
These changes are expected to enhance the flexibility of PPH applications in Brazil and alleviate the previous “competition for slots.”
Background: Why Was Expanding PPH Limits Necessary?
The PPH system has gained immense popularity in Brazil, reaching its limits early in 2024, as shown below:
- PCT-PPH
Reached its limit in March
- Overall PPH Applications
Reached the limit in July
This situation posed a significant challenge for applicants, who had to adjust their filing timelines to secure a slot, making it difficult to submit applications at the optimal time.
Thus, the expansion of the application limits is expected to greatly contribute to easing the “traffic jams” in patent filings in Brazil and improving flexibility.
Benefits of Expanded Application Limits
- Greater Flexibility in Filing Timelines
Applicants will find it easier to obtain patents at the right time in alignment with the Brazilian market. This is anticipated to improve the precision of business development and intellectual property strategies.
- Enhanced Corporate Competitiveness
Brazil is one of the emerging markets experiencing continuous economic growth. By securing patent rights early, companies can gain an advantage over competitors, boosting their competitiveness.
- Elimination of PCT-PPH Limits
The removal of the 100-application limit for PCT-PPH is good news for companies utilizing PCT filings. This change allows more businesses to effectively leverage the outcomes of the international phase.
Are There Any Challenges?
While the expanded limits are welcome, the following concerns have been raised:
- Securing Examiner Resources
Will the increase in applications affect the quality and speed of examinations?
- Application Clustering
Popular fields or filing periods could still face bottlenecks if applications concentrate heavily in these areas.
Strengthening and streamlining the examination system will be crucial for INPI moving forward.
Advice for Companies Targeting the Brazilian Market
To fully leverage PPH Phase V, the following points are essential:
- Plan Patent Filings Strategically
To qualify for fast-track examinations, prioritize early patent grants in primary examining offices (e.g., Japan, the United States).
- Leverage PCT Filings
Take advantage of the PCT-PPH limit removal to refine your international filing strategy.
- Understand the Brazilian Market
Combine market research with a clear focus on the technical fields where you seek to obtain rights, increasing the practical value of your patents.
Conclusion: Phase V Offers a Major Opportunity
Brazil’s PPH Phase V represents a critical change that significantly improves the speed and flexibility of patent acquisition.
For internationally operating companies, Brazil is a highly attractive market, making it essential to revamp intellectual property strategies.
Looking ahead to the Brazilian market, fully utilize the PPH system to accelerate your business!
