BRPTO regulates the Global PPH

December 10, 2024

BRPTO regulates the Global PPH

Today, December 10, 2024, the BRPTO's Official Gazette #2814 published BRPTO/PR's Ordinance #48, of November 29, 2024, establishing Phase V of the PPH Pilot Project, regulating the Global PPH.

BRPTO/PR's Ordinance #48/2024 will come into effect on January 1, 2025, when the current BRPTO/PR's Ordinance #78/2022 will be revoked. It is important to highlight that the annual limit of PPH applications has already been reached for the current year.

Among the changes introduced by the new Ordinance is the expansion of the participation limit to up to 3,200 PPH requirements per year, limited to 1,000 PPH requirements for the same Section of the International Patent Classification (IPC).

Another important change is that the BRPTO will now accept PPH requirements whose priority is not from a Partner Autarchy. The BRPTO will also begin to accept the results of the substantive examination that contains patentable subject matter from all autarchies participating in the Global PPH, including subject matter that has been examined by the PCT. In fact, BRPTO/PR's Ordinance #48/2024 removes the quantitative restriction on the number of participating PPH requirements using PCT results.

As previously reported in this client alert, since the BRPTO joined the Global PPH, the number of BRPTO's Partner Autarchies has increased from 23 to 35.

Access the full text of BRPTO/PR's Ordinance #48/2024 in Portuguese here.

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