New patent agreement: How to apply for a patent in Brazil

Published 16-12-2019

Denmark has signed a patent agreement with Brazil covering all technical areas. The agreement ensures that Danish companies receive faster processing of patent applications and a shortcut into the world's 7th largest market.

Agreement ensures faster processing of patent applications

Contrary to the existing agreement with Brazil, a new agreement called Patent Prosecution Highway covers all technical areas, so that Danish companies are guaranteed faster processing of their patent applications. The agreement also offers additional flexibility for the applicant. It will be possible to submit the first application in Brazil, and subsequently submit an application in Denmark, thereby using Danish case management to speed up the process.

What do you need to know to get the most out of the new PPH deal?

  • Your application in Brazil must not be subject to any other acceleration procedure
  • Your application must be processed by the Patent and Trademark Office in order to form the basis for a PPH application in Brazil
  • The Brazilian application must be submitted in English, Spanish or Portuguese
  • The patent claims in the Brazilian application must be the same as in the Danish application or have a narrower scope of protection
  • The application must be submitted electronically and a fee for processing the case must be paid
  • The application must be made public
  • The PPH request must be accompanied by the necessary documentation

 Although the agreement allows for faster case processing, there are also some limitations to the agreement: 

  • The same applicant can only apply for PPH in Brazil in one application per month
  • A maximum of 400 PPH requests can be submitted annually, valid for all Brazil PPH agreements
  • A maximum of 100 PPH requests can be filed annually in the same technical area, applicable to all Brazil's PPH agreements

As of 1 December 2019, the agreement allows Danish companies to use the PPH track when applying for a patent in Brazil. The current average patent litigation time in Brazil is about 8 years, and this will be significantly shortened with the new agreement.

If you have any questions regarding the PPH agreement, you are of course welcome to contact the Danish Patent and Trademark Office so that we can guide you further.

Facts on Patent Prosecution Highway

A Patent Prosecution Highway (PPH) is an agreement between two patent authorities that allows your company to get a significantly faster case processing of your patent applications