The Brazilian Patent and Trademark Office (BPTO) has announced that, as of January 1, 2026, it will no longer accept requests for expedited examination (fast-track and PPH) for patent applications whose main classification is H04 (Electric Communication Technique).
This restriction will apply to all expedited examination modalities, with limited exceptions for specific categories only (elderly applicants, applicants with disabilities, applicants with serious illnesses, and Brazilian startups).
Exceptionally High Demand for H04
In 2025, on both occasions when the BPTO opened PPH slots for the H04 classification (Q2 and Q4), the available quota was fully exhausted in less than 48 hours, clearly demonstrating the extremely high demand in this technical field.
Impact in 2026
As of 2026, the limitation applicable to H04 will also extend to most fast-track programs, significantly reducing the options available to accelerate the examination of such applications in Brazil.
In practical terms, what alternatives remain for H04 applications?
For applications classified under H04, there are essentially two viable strategies:
- Request fast-track examination still in 2025, where applicable (noting that, for PPH, the Q4 slots have already been fully used).
- Request examination as early as possible: under the current BPTO rules, applications are examined according to the date on which examination is requested, making an early request a strategically relevant factor.
Our alert
For portfolios within this classification, timing has become critical. Delaying strategic decisions may, in practical terms, result in additional years of waiting for substantive examination.
Tavares Legal IP Expertise is closely monitoring these developments and remains available to assess, on a case-by-case basis, the most appropriate strategy for applications classified under H04.
For further information or a strategic review of your portfolio, please contact: patents@tavaresoffice.com.br
