BPTO Expands Priority Processing Limit for Telecom Patents
By Daniel Costa
Industrial Property Gazette No. 2904, increases the limit applicable to priority processing requests for patent applications classified under section H04 of the International Patent Classification (IPC), a category associated with telecommunications technologies.
What has changed?
Under the new Ordinance, each applicant may file up to three priority processing requests per monthly cycle for patent applications classified under H04.
The previous limit was one request per monthly cycle. The new rule also applies to requests filed under the Patent Prosecution Highway (PPH).
In practical terms, the BPTO has increased from one to three the number of Telecom patent applications that each applicant may designate for priority examination every month.
How does the monthly limit work?
Available slots will continue to be allocated in chronological order, based on the filing date and time of each request.
Each monthly cycle:
- begins on the first day of the relevant calendar month;
- ends on the last day of that month; and
- cannot be extended.
Requests filed during the current monthly cycle, while Normative Ordinance BPTO/PR/DIRPA No. 05/2026 was still in force, will count toward the new limit.
Which cases remain outside the limit?
Certain specific priority processing categories remain exempt from the limitation, including cases involving:
- elderly applicants;
- applicants with disabilities;
- applicants suffering from a serious illness; and
- startups.
Implications for Telecom patent holders
The measure expands access to accelerated examination for telecommunications-related patent applications in Brazil.
For applicants with relevant H04 portfolios, the increase from one to three requests per monthly cycle provides greater flexibility in deciding which applications should be prioritized.
The availability of slots, however, remains subject to chronological filing order. Timely planning and submission of requests therefore remain important for companies seeking to accelerate the examination of their Telecom patents in Brazil.
