Do you need to accelerate patent protection in Brazil?

There is a fast-track examination for patents in Brazil. Learn how to obtain a quick patent in Brazil by using the PPH program, Patent Prosecution Highway programme.

Brazil has adopted a number of measures to faster expedite examination time and narrow the timeframe for issuing final decisions, one of which was the Patent Prosecution Highway (PPH). According to WIPO’s World Intellectual Property Indicators report, Brazil represents the second-fastest growth in patent grants among the top 20 country offices 2018-2019.

The PPH is a fast-track programme for patents belonging to a patent family, for which the application has already been allowed or granted by one of the participating offices, namely: the EPO , the China National IP Administration, the USPTO, the UK Intellectual Property Office, the Danish patent and Trademark Office, the Japan Patent Office and the Forum for the Progress and Development of South America (including the patent offices of Chile, Argentina, Colombia, Ecuador, Paraguay, Peru, Uruguay and Costa Rica).

Do you need to accelerate patent protection in Brazil?

After a successful Phase 1 of the PPH, the Brazilian Patent and Trademark Office has launched a Phase 2 PPH, which is expected to continue providing a fast-track for securing IP protection in Brazil.

How fast will the fast-track be?

Patent applications that followed the PPH Phase 1 pathway, received a final decision in less than 1 year. Similar outcome is expected during Phase 2.

When can it be used?

PPH can be requested during filing stage in Brazil, as well as anytime before substantive examination has started.

How can I start the process?

By submitting a PPH request having a granted claim set obtained for the same patent family in jurisdictions such as US, EPO, SE, JP, CN among others.

What is the cost of this process?

About 400 USD on official fees, plus attorney fees.

Interestingly, a granting rate of 90% was obtained for the applications that followed the PPH fast-track. This suggests that the PPH program is a quick and effective way to secure IP protection in Brazil, especially if you have a granted patent for the same family in US, EPO, SE, JP, CN among other jurisdictions.

For more information or help to get the process started, please write a comment or send us a message.

Fabricio Belgrano, Patent Attorney

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