31 July, 2024

INPI: Brazil reaches PPH requirement limit for 2024

On July 16, 2024, INPI published an official report stating that the cap of 800 participations allowed per annual cycle in Phase IV of the PPH Pilot Project has been reached.

According to sources at Brazil’s National Institute of Industrial Property (INPI), the maximum limit of applications for the Patent Prosecution Highway (PPH) program for the year 2024 has been reached.

On July 16, 2024, the INPI published an official report stating that the cap of 800 entries allowed per annual cycle in Phase IV of the PPH Pilot Project has been reached. This limit has been established in Article 5⁰, item V, of INPI/PR Ordinance No. 78, dated December 16, 2022.

The PPH Program and its impact

The PPH is an international program that allows patent applicants to accelerate the examination process of their applications through cooperation between patent offices in different countries.

In the case of Brazil, this program has been instrumental in streamlining patent prosecution and reducing waiting time, allowing innovators and companies to obtain protection for their inventions more quickly and efficiently.

The PPH Pilot Project in Brazil, currently in its Phase IV, has proven to be a valuable tool for the patent applicant community. Since its inception, the project has been well received, reflecting a growing demand from innovators and companies seeking to benefit from this accelerated system.

Annual Limit Details

INPI/PR Ordinance No. 78 clearly establishes the regulations and the limit of annual participations in the PPH program. According to Article 5⁰, item V, INPI allows up to 800 PPH applications per year. This limit is calculated based on the first and last day of the current year and, by 2024, the limit has been reached much earlier than expected, underscoring the high demand and popularity of the program among applicants.

With the recent publication of the report confirming that the limit of 800 applications has been reached, INPI has communicated that it will not accept new applications for this modality for the remainder of 2024. This means that those applicants who have not been able to submit their applications within the annual limit will have to wait until the next cycle to participate in the program.

Consequences and Future Prospects

Reaching the PPH application limit so early in the year has several implications. On the one hand, it demonstrates the success and relevance of the program for patent applicants in Brazil. On the other hand, it poses challenges for those who could not benefit from the program in 2024. These applicants will have to wait until next year or consider other alternatives to accelerate the processing of their patents.

In terms of future prospects, it is possible that the INPI may consider reviewing and adjusting the annual application limit for the PPH, given the high demand observed. Increasing the limit could be a measure to better accommodate the needs of applicants and continue to promote innovation in the country.

Conclusion

Reaching the application cap for PPH in Brazil in 2024 is a milestone that reflects the effectiveness and popularity of the program. While it presents certain challenges for those applicants who were left out, it also provides an opportunity for INPI to evaluate and possibly expand the program in the future.

Continued international collaboration and support for innovators will remain crucial to the development of industrial property in Brazil.

Head of H&A Brazil. Lawyer.