The Brazilian Patent and Trademark Office (INPI) has published DIRPA Ordinance No. 5/2026 in Official Gazette (RPI) No. 2,895, dated June 30, 2026, reinstating the acceptance of requests for priority examination of patent applications classified under IPC H04, which covers technologies relating to electric communication, including telecommunications, communication networks, data transmission, and other information and communication technologies (ICT).
The new measure ends the previous suspension on the filing of such requests while introducing a restricted framework for access to priority examination.
Key Changes
Effective immediately:
• each applicant may file only one priority examination request per calendar month, considering all available priority examination procedures applicable to patent applications classified under IPC H04;
• exceptionally, a second request from the same applicant will be accepted during the month of July;
• under the Patent Prosecution Highway (PPH) program, requests may be filed for applications in which the INPI has already issued a substantive office action (publication code 6.23);
• the monthly limitation does not apply to elderly applicants, applicants with disabilities, applicants suffering from serious illnesses, or startups; and
• the overall annual cap of 3,200 PPH requests remains in force for 2026.
Our team continues to closely monitor developments in INPI practice and is available to assess the impact of the new regulation on patent portfolios and to assist clients in developing examination acceleration strategies aligned with their business objectives.