Upcoming Changes to Patent Prosecution Highway Processing in Brazil

The global intellectual property landscape is evolving rapidly, with countries aiming to streamline their patent processing systems to attract innovation and investment. Brazil is no exception. With its inclusion in the Global Patent Prosecution Highway (GPPH), significant changes are on the horizon. These changes promise to enhance the efficiency of patent examination and further integrate Brazil into the global intellectual property ecosystem.

 

What is the Patent Prosecution Highway (PPH)?

The Patent Prosecution Highway (PPH) is a cooperative initiative between intellectual property (IP) offices globally. It allows for the accelerated examination of patent applications by leveraging the work of other IP offices. Under the PPH, applicants request prioritized examination in another participating office after their application is deemed patentable, reducing redundancy and speeding up the process.

 

Brazil’s Role in the Patent Prosecution Highway

Brazil joined the PPH program to expedite its patent examination process. Governed by Ordinance No. 78/2022, the Brazilian Patent and Trademark Office (BPTO) has been facilitating the prioritized examination of patent applications based on favorable outcomes from partner offices. This has been particularly beneficial for companies seeking to protect their innovations in Brazil’s growing market. However, several limitations have restricted its full potential.

 

Challenges in Brazil’s PPH Program

Despite its benefits, Brazil’s PPH program has faced several challenges:

• Annual limitations: The program allows for only 800 requests per year, which was fully exhausted by July 2024.
• Weekly limits: Applicants are limited to submitting one request per week, forcing them to prioritize certain applications over others.
• Eligibility restrictions: Not all applications are eligible for the PPH. Only those that are part of a patent family with applications in partner offices can benefit from the prioritized examination.

These constraints have led to calls for reform to ensure that more innovators can take advantage of the system.

The Need for Change in Brazil’s Patent Processing

The BPTO has been grappling with a significant backlog in patent examinations, leading to long processing times that can hinder innovation. Currently, it takes around 3.5 years to receive a decision on a patent application in Brazil, a timeframe that is considerably longer than in many other countries. This delay can impact businesses’ ability to protect their innovations and discourage international applicants from seeking patent protection in Brazil.

 

Introduction of the Global Patent Prosecution Highway (GPPH)

The Global Patent Prosecution Highway (GPPH) is a multilateral framework designed to speed up patent examination by allowing participating patent offices to share work already completed by other offices. This initiative enhances the efficiency of patent examinations, reduces redundancy, and provides applicants with faster decisions on patentability across multiple jurisdictions.

Brazil’s inclusion in the GPPH represents a pivotal moment for the country’s intellectual property framework. Previously, Brazil participated in bilateral Patent Prosecution Highway (PPH) programs, which only allowed for cooperative patent examination between two countries. The GPPH vastly expands this cooperation, allowing Brazil to collaborate with multiple offices simultaneously.

Brazil officially entered the GPPH on July 6, 2024. This marks a significant upgrade from the bilateral PPH agreements Brazil was previously part of. Now, through the GPPH, Brazil’s intellectual property office (BPTO) can leverage patent examinations conducted by 35 other offices, speeding up patent approval processes in Brazil.

Brazil’s entry into the GPPH aims to reduce the average time for patent decisions and improve access to global markets. By sharing examination results, the BPTO can now prioritize patent applications based on decisions made by other participating offices. This collaboration has the potential to significantly shorten processing times, enhancing the country’s attractiveness as a destination for innovation and investment.

 

Comparison Between Traditional PPH and GPPH

Aspect	Traditional PPH	GPPH
Scope of Cooperation	Bilateral agreements between two offices	Multilateral cooperation with 35 offices
Number of Participating Offices	Limited to specific bilateral partners	35 offices globally, including major IP offices like the USPTO, EPO, and JPO
Examination Process	Based on the work of one partner office	Examination results from any participating office can be used
Request Limits	Subject to strict annual and weekly limits (e.g., 800 requests per year, one request per applicant per week)	Expected removal of these limits, offering greater flexibility for applicants
Eligible Applications	Applications from specific bilateral partners	Broader eligibility, including PCT applications and international patent families
Processing Time	Average decision time: 3.5 years reduced to ~136 days with PPH participation	Faster processing expected, leveraging multiple office results
Eligibility Requirements	Patent family must have been filed with BPTO or a partner office	Any application from participating offices may be eligible

The table above highlights the significant improvements that the GPPH offers compared to the traditional PPH model, particularly in terms of expanded cooperation, removal of limits, and broader application eligibility.

 

Key Features of the GPPH

1. Multilateral Cooperation:

   • The GPPH is a multilateral agreement involving 35 intellectual property offices worldwide, including major offices such as the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), Japan Patent Office (JPO), and others. This provides applicants with the ability to request accelerated examination in multiple jurisdictions based on a single favorable decision from any participating office​​.

2. Accelerated Examination:

   • The GPPH allows patent applications that have received favorable examination results from one office to be fast-tracked in other participating offices. This can significantly reduce the overall patent grant time. In Brazil, it is expected to reduce patent decision times from an average of 3.5 years to around 136 days​.

3. Broader Eligibility:

   • Under the GPPH, Brazil now allows applications from a wider range of patent offices to qualify for accelerated processing. This includes not only bilateral agreements but also PCT (Patent Cooperation Treaty) applications, greatly broadening the scope for prioritized examination​​.

4. Increased Partner Offices:

   • By entering the GPPH, Brazil has expanded its list of cooperating offices from 23 under the traditional PPH to 35 under the GPPH. This includes key global markets, ensuring Brazilian applicants can more easily secure international patent protection and foreign applicants can benefit from expedited examination in Brazil​.

5. Removal of Request Limits:

   • One of the expected improvements with the GPPH is the removal of the strict limits on the number of requests per applicant. Previously, under the traditional PPH, only 800 requests were allowed per year, with a limit of one request per applicant per week. These restrictions hindered large portfolios from benefiting fully from prioritized examination​.

6. Integration with PCT Work Products:

   • The GPPH integrates well with the Patent Cooperation Treaty (PCT) system. Brazil and other GPPH member offices can prioritize applications entering the national phase after a favorable PCT work product. This allows applicants to benefit from both the PCT system’s global reach and the GPPH’s accelerated processing​​.

7. Flexibility for International Patent Families:

   • The GPPH offers enhanced flexibility for applicants with international patent families, enabling them to secure fast-tracked patent protection in multiple countries based on a single set of examination results. This feature is especially beneficial for businesses operating across multiple jurisdictions​​.

The implementation of the GPPH in Brazil marks a substantial improvement in the country’s patent prosecution landscape. Innovators and businesses, both domestic and international, can now expect faster processing times, broader cooperation with global offices, and more flexibility in protecting their intellectual property. These changes will make Brazil an even more attractive hub for innovation and patent filings.

Impact of GPPH on Brazil’s Patent Processing

The GPPH allows for the sharing of examination results among all participating offices, which means that an application examined in one country can receive prioritized examination in another, without the need for redundant examinations. Brazil’s inclusion in the GPPH is expected to bring several immediate benefits:

• Expansion of partner offices: The number of offices eligible for accelerated examination will increase from 23 to 35, giving applicants a broader range of options for speeding up their patent processes.
• Reduction in processing times: With the introduction of the GPPH, it is anticipated that decision times for patents in Brazil could drop to as little as 136 days from the examination request.

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GPPH Partner Offices: Expanding Opportunities

The GPPH is an international framework that includes 35 participating intellectual property offices (IPOs), covering a wide range of countries. Some of the prominent countries and their IP offices involved in the GPPH include:

• United States (USPTO – United States Patent and Trademark Office)
• European Union (EPO – European Patent Office)
• Japan (JPO – Japan Patent Office)
• Canada (CIPO – Canadian Intellectual Property Office)
• United Kingdom (UKIPO – United Kingdom Intellectual Property Office)
• Australia (IP Australia)
• South Korea (KIPO – Korean Intellectual Property Office)
• Singapore (IPOS – Intellectual Property Office of Singapore)
• Russia (ROSPATENT – Russian Federal Service for Intellectual Property)
• Mexico (IMPI – Mexican Institute of Industrial Property)

In total, the GPPH comprises 35 intellectual property offices, providing an extensive network for patent applicants to leverage, ensuring broader and quicker protection across major global markets​​.

 

Improvements in Efficiency for Brazilian Innovators

For Brazilian companies, these changes offer the potential to drastically improve the efficiency of obtaining patents, giving them faster access to protection for their innovations. Securing a patent decision in months, not years, greatly boosts a company’s strategic planning and competitiveness.

 

Brazil’s Position in the Global IP Landscape

By adopting the GPPH, Brazil is positioning itself as a more attractive destination for global innovation. The faster processing times and increased participation in multilateral agreements like the GPPH will likely attract more foreign applicants to seek patent protection in Brazil, boosting the country’s intellectual property ecosystem.

 

The Role of PCT in the GPPH System

The Patent Cooperation Treaty (PCT) plays a key role in the GPPH. Applications that enter the national phase in any GPPH member country, after receiving a positive PCT opinion, are eligible for prioritized examination under the GPPH system. This integration lets Brazilian applicants use the PCT system’s global reach with faster processing in Brazil.

Conclusion

Brazil joining the Global Patent Prosecution Highway significantly enhances the efficiency of its patent system. By eliminating many of the current restrictions and aligning with global IP standards, the GPPH will help Brazil become a more attractive destination for innovation and investment. These changes will lead to faster patent grants, more international applicants, and a stronger IP landscape in Brazil.

 

FAQs

1. What is the main difference between PPH and GPPH? The GPPH allows for multilateral cooperation between more IP offices, while the PPH was traditionally limited to bilateral agreements. This means faster and broader access to prioritized patent processing.
2. How will the new GPPH rules benefit inventors in Brazil? The GPPH will lift request limits, allowing inventors to better prioritize multiple patent applications in large portfolios.
3. When will the new GPPH rules take effect? The GPPH was introduced in Brazil on July 6, 2024. However, specific changes, such as removing request limits, will take effect after authorities publish further ordinances.
4. How can companies prepare for the upcoming changes in patent processing? Companies should start identifying key patents in their portfolios that could benefit from the accelerated processing under the GPPH and monitor the upcoming BPTO ordinances for implementation details.
5. Will GPPH participation increase the speed of patent grants in Brazil? Yes, under the GPPH, decision times for patent applications in Brazil could drop from several years to just a few months.

References:

Explanatory material of Global PPH Matrix

Global PPH