Brazilian Patent & Trademark Office issues new ordinance establishing limits for requests for prioritized examination in the telecommunications field
INPI Ordinance No. 07/2026 limits priority examination requests for H04 patent applications to three per month per applicant, aiming to streamline examination procedures and improve processing efficiency.
The Brazilian Patent and Trademark Office (INPI) has issued Normative Ordinance No. 07/2026, published on September 1, 2026, establishing new limits for requests for prioritized examination before the Directorate of Patents, Computer Programs and Integrated Circuit Topographies (DIRPA).
Background of the regulation
This measure represents the latest development in a series of regulatory actions affecting patent applications in the telecommunications field, which are predominantly classified under IPC H04 (Electric Communication Techniques).
Over the past year, the BPTO has implemented several adjustments aimed at balancing the significant volume of filings in this sector with the Office’s examination capacity. In this context, the BPTO first suspended the acceptance of fast-track examination requests for H04 applications in December 2025 and subsequently reinstated the program in June 2026 under stricter conditions, limiting applicants to a single prioritized examination request per monthly cycle.
Changes introduced by the regulation
Under the newly enacted Ordinance No. 07/2026, applicants may now submit up to three prioritized examination requests per month for patent applications classified in IPC H04. Available positions will continue to be allocated on a first-come, first-served basis, according to the date and time of filing.
The monthly cap does not apply to applicants who benefit from special priority treatment under Brazilian legislation, including elderly individuals, persons with disabilities, individuals affected by serious illnesses, and startups.
Furthermore, requests exceeding the established limit will be deemed inadmissible, although the corresponding patent applications will continue through the regular examination route. In such cases, applicants may request reimbursement of the official fees paid for the inadmissible prioritized examination request.
The Ordinance also clarifies that prioritized examination requests already filed during the current monthly cycle under the previous regulation will count toward the new limit. Additionally, it expressly revokes INPI/DIRPA Ordinance No. 5 of June 23, 2026. The new rules entered into force on the date of publication.
Conclusions
The measure aims to manage demand for prioritized examination in the H04 technology field by introducing a monthly cap on requests while preserving priority access for vulnerable individuals and startups.
At Herrero & Asociados (H&A), our team in Brazil closely follows the latest legislative, regulatory and administrative developments affecting intellectual property and innovation. At the same time, our patent attorneys and patent specialists continuously update their knowledge and expertise to help companies, research institutions, startups and innovators navigate patent protection strategies both in Brazil and internationally.
Rafaela Mattos
Patent Advisor. Lawyer.