The National Institute of Industrial Property (INPI) has resumed the acceptance of fast track requests for patents in the field of Electric Communication Technique (H04 classification). The measure was officially published at INPI/PR/DIRPA Ordinance No. 5/2026, and entered into force on July 1, 2026.
The resumption introduces new control guidelines and limits for applicants. Check below the main rules and exceptions established by the Brazilian PTO.
General Limits and Rules
- Limit per applicant: From now on, each applicant may proceed with only 1 fast track request per month for patents classified under code H04.
- Scope: The monthly restriction applies to almost all fast track modalities, including the Patent Prosecution Highway (PPH) agreements.
- Annual PPH cap: The overall limit of the PPH program remains unchanged, maintaining the annual cap of 3,200 requests.
Exceptions to the Limitation Rule
The monthly limitation of one request per applicant does not apply to requests that fall under the following legal conditions:
- Elderly applicants, applicants with serious illnesses, or applicants with disabilities;
- Companies that qualify as Brazilian startups.
Special Conditions for July 2026 (Transition Period)
Exceptionally, during the first month of effectiveness (July 2026), the INPI will apply two facilitating transition rules:
- Extended limit: The filing of up to 2 requests per applicant for H04 classification will be allowed.
- PPH flexibility: PPH requests will be accepted even for patents that have already received the notice of “Preliminary Requirement” (code 6.23), provided that all other regulatory requirements are met.
CNV IP Note: Although the Brazilian PTO does not foresee any immediate changes for this category, the IP Office has committed to notifying the market in advance in the event of future regulatory changes.
The patent team at CNV IP Law Firm remains available to analyze your portfolio of assets and assist in the filing strategy for these priority requests.