On Tuesday, September 30, 2025, the Brazilian Patent & Trademark Office (BRPTO) published Ordinance No. 16/2025 (DIRPA, September 24, 2025), revising the framework for PPH requests under Phase V of the Pilot Project and revoking Ordinance No. 3/2025.
Key Changes & New Criteria
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As of October 1, 2025, the BRPTO will accept up to 800 PPH requests for the fourth quarter of 2025
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Of these 800 requests, 140 slots are specifically reserved for patent applications whose primary IPC classification is H04 (i.e. electronic communications).
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The total annual cap remains 3,200 PPH requests per year.
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Whether H04-class applications remain eligible in future quarters will be reviewed and potentially adjusted quarterly.
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Applications will be accepted on a first-come, first-served basis by filing date/time. Once the quarterly limit is reached, no further PPH requests will be accepted in that period—including modifications submitted concurrently.
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If a request is not accepted due to quota limits, the underlying patent application continues via the normal examination route, and any accompanying amendments in the PPH request will typically not be considered.
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The BRPTO will publish weekly updates on the remaining PPH capacity, so applicants can monitor how many slots are still available.
Implications for Applicants
These changes impose stricter discipline on timing and strategy:
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Applicants in telecommunications / H04 technologies must be especially vigilant in submitting early and quickly, given the limited 140 slots.
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The quarterly structure (800 per quarter) encourages planning across the year.
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It is prudent to monitor BRPTO announcements at the start of each quarter, since eligibility for H04 classes might be suspended or reinstated.
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If a PPH request is rejected due to quota overflow, the applicant may consider re-filing in the next quarter (assuming continued eligibility).
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Attorneys and filing agents should integrate internal tracking systems to avoid missing slots or submission windows.
Ordinance No. 16/2025 represents an evolution in Brazil’s PPH regime under Phase V, tightening eligibility especially for telecommunications (IPC H04) applications, and reinforcing the importance of timeliness. Applicants should adapt their strategies to align with quarterly caps and closely follow further BRPTO updates.
