New Cycle for Fast-track Examination Requests, Including PPH, Opens in Brazil for Telecommunication Cases

By means of Ordinance 05/2026, published on June 30, 2026, the BPTO has announced that a new cycle for fast-track examination routes, including the Patent Prosecution Highway (PPH), Green Patent Program and Technology Available in the Market, will be open for applications with main IPC H04 (Telecommunication) starting from July 1, 2026.

As informed in our previous newsletter on this matter, fast-track examination routes were so far suspended by the BPTO for telecommunication cases.

Under the new rules, Applicants may file up to one priority examination request per month for applications classified under main IPC H04.

However, as an exceptional measure, during the first monthly cycle of the new program (July 2026), Applicants will be allowed to file up to two priority examination requests for H04 applications.

The Ordinance also temporarily creates a window to file PPH requests for applications that have received a Preliminary Office Action. This exception will be available only for main IPC H04 cases and during the first monthly cycle following the entry into force.

The new monthly limits for applications under main IPC H04 do not replace the general PPH limit currently in force. The existing limit of 800 PPH requests per quarter remains applicable, and requests filed for H04 applications will be counted together with requests from all other technical fields within this overall quarterly cap. Consequently, Applicants should consider both the specific monthly availability for H04 cases and the remaining quarterly PPH limit when planning their filings. For more information on the general rules for PPH requests in Brazil, please refer to this link.

Once again, the limitations established by the new Ordinance do not apply to priority examination requests based on the applicant being elderly, disabled, suffering from a serious illness, or qualifying as a startup under the applicable regulations. In those cases, any number of priority examination requests may be filed, even for IPC H04 applications.

This measure represents a significant development for telecommunications-related patent applications in Brazil, as it reopens an expedited examination route that had been unavailable since January 2026.

For further information, please do not hesitate to contact our team at mail@kasznarleonardos.com.