What are the PPH (Patent Prosecution Highway) requirements for a patent in Brazil?

There is no deadline to request a PPH in Brazil, but the application must have been published (otherwise we will need to request for anticipated publication) and also must have the examination requested.

• As such, once the specific application is filed in Brazil and requested for examination, the applicant may proceed with the PPH request.

• It must have been filed for at least 18 months or have a request for anticipated publication or, in case of international applications, have been published by the WIPO;

• the technical examination must have been requested, but not yet initiated by the BRPTO (for this purpose, the technical examination has initiated once an office action, unfavorable opinion, or grant publication happens);

• no divisional or voluntary amendments are made between the PPH request submission and its decision (for the purpose of filing divisionals, it must be done before the PPH request - in this sense, the PPH request is then possible for either the parent or the divisional application individually);

• belong to a patent family whose at least older patent application has been filed with the INPI or the Office of Earlier Examination, acting as a national or regional office or, within the scope of the PCT, acting as a Receiver Body (RO);

• belong to a patent family in which the Office of Earlier Examination, acting as a national patent office, has examined a request from this family, and has considered that there is a subject considered patentable in a technical, substantive, or merit examination;

• belong to a patent family in which the Office of Earlier Examination, acting as a national patent office, has issued a decision of approval or granting;

• claim subject matter equal to or more restricted than that considered by the Office of Earlier Examination to be patentable for the same patent family application, even considering differences due to translations, being prohibited the inclusion of matters for which the Office of Earlier Examination has not made search and/or technical examination, even if there is a restriction of the subject of the claim.

• Provide the required supportive documents

When to file an amendment for a patent in Brazil?

In Brazil, the original claims should be filed, prior to the amended set of claims which can be filed later in conjunction with filing a request for examination to defer the additional fee.

When is the deadline to file a request for examination for a patent in Brazil?

In Brasil, a request for substantive examination must be filed within three years from the international filing date of the PCT application. It is possible to request an accelerated examination under PPH. 

When to file a divisional patent in Brazil?

In Brazil, the content of what can be applied for as divisional is limited to what is presented in the claims filed, when the application starts the examination process. For this reason, it is best to leave the entire claim chapter without deleting anything until the Brazilian Office makes a decision on both patentability and possible lack of unity of invention.

Brazilian Patent Schedule of Fees:

Official Filing fee: $35 (USD)

Official Examination fee: $325 (USD)

Official Examination fee (up to 10 claims): $115 (USD)(each claim 21-30)

Official Examination fee (each claim 11-15): $20 (USD)

Official Examination fee (each claim 16-30): $40 (USD)

Official Examination fee (each claim in excess of 30): $100 (USD)

Official Extension fee: $165 (USD)

Official Reinstatement fee: $20 (USD)

Official Issue fee: $125 (USD)

Official Annual fees (pending applications): $60 (USD)

Official Annual fees (1-2): $60 (USD)

Official Annual fees (3-6): $150 (USD)

Official Annual fees (7-10): $230 (USD)

Official Annual fees (11-15): $310 (USD)

Official Annual fees (16-20): $380 (USD)