Brazil Increases the Monthly Fast-Track Examination Limit for Telecommunication Patent Applications, Including PPH

By means of Ordinance 07/2026, published on September 1, 2026, the BPTO has announced an increase in the monthly limit for fast-track examination routes for applications with main IPC H04 (Telecommunication). As of September 1, 2026, each applicant may file up to three requests per month under the available fast-track programs, including the Patent Prosecution Highway (PPH), the Green Patent Program, and Technology Available in the Market programs.

Previously, only one fast-track examination request per month could be requested for each applicant when considering telecommunication cases. You may have more information on this rule in our previous newsletter.

Regarding PPH requests, the new H04 monthly limit operates in addition to the general PPH cap currently in force. Therefore, although applicants may now file up to three H04 requests per month, all PPH requests continue to be counted toward the overall quarterly limit of 800 requests. 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.

The increase in the monthly limit for H04 applications represents a positive development for applicants in the telecommunications sector, as it broadens access to the BPTO’s fast-track examination programs. The new limit allows applicants to pursue accelerated examination for a greater number of cases each month, contributing to more efficient portfolio management and potentially reducing the time required to obtain patent protection in Brazil.

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