A cross-border patent strategy from the US into Latin America usually follows one path: a first US filing, a PCT application within 12 months, national phase entry in Brazil and Mexico at 30 months, and then a Patent Prosecution Highway (PPH) request based on the USPTO’s positive results. Brazil accepts US work products through the Global PPH, which INPI joined on 6 July 2024; Mexico does so through a bilateral USPTO–IMPI programme that covers PCT-based requests and runs until 30 June 2027. This guide is for companies that file first in the United States, whether US-based or European and Latin American groups with US research teams, and want protection in the two largest Latin American markets.
Key takeaways
- The 12-month Paris priority deadline from the first US filing is the date everything else depends on.
- Brazil and Mexico both allow 30 months from priority to enter the PCT national phase; Colombia and the EPO allow 31.
- Brazil (INPI) takes USPTO results through the Global PPH, but caps the number of PPH requests it admits.
- Mexico (IMPI) takes USPTO results, including PCT work products, through a bilateral PPH extended to 30 June 2027.
- A PPH request only works if your Brazilian or Mexican claims match the claims the USPTO allowed.
How does the timeline from a US filing to Brazil and Mexico work?
The Patent Cooperation Treaty (PCT) lets one international application preserve your rights in its member states while you decide where to go. These are the milestones that matter for a US-first filing:
| Month (from priority) | Step | Source |
|---|---|---|
| 0 | First US filing (provisional or non-provisional). For inventions made in the United States, a foreign filing licence is needed before filing abroad within the first six months; it is normally granted on the filing receipt. | USPTO, MPEP 140 |
| 12 | Last day to file the PCT application (or direct national applications) claiming the US priority. | Paris Convention; PCT |
| 9 or more | International search report and written opinion: due three months after the search copy reaches the authority, or nine months from priority, whichever is later. | PCT Rule 42.1 |
| 22 (or later) | Deadline to request international preliminary examination (Chapter II): 22 months from priority or three months after the search report, whichever is later. | PCT Rule 54bis.1 |
| 30 | National phase entry in Brazil, Mexico and the United States (also Chile and Peru). | WIPO time limits table |
| 31 | National phase entry in Colombia and regional phase before the EPO. | WIPO time limits table |
The licence point catches many teams. Under 35 U.S.C. 184 and 185, as explained in MPEP 140, filing abroad without the required licence can cost you the US patent, so check the filing receipt before any filing abroad. The national phase deadlines come from WIPO’s table of time limits.
What is the Patent Prosecution Highway?
The PPH is a set of agreements between patent offices: once one office has found at least one claim allowable, the applicant can ask the second office to examine corresponding claims on an accelerated basis, and the second examiner can reuse the first office’s search and examination. The USPTO’s PPH page lists the programmes in force. Two features matter:
- Claim correspondence: the claims in the later office must sufficiently correspond to those found allowable, so they can be the same or narrower, never broader or different in kind.
- PCT-PPH: a positive written opinion or international preliminary report from an authority such as the USPTO can serve as the basis, without waiting for a US grant.
The PPH speeds up examination; it does not oblige the second office to grant. Each office still applies its own law.
The route into Brazil: Global PPH and INPI’s quotas
According to the USPTO, INPI joined the Global PPH on 6 July 2024, replacing the earlier bilateral pilot with the USPTO. Through the Global PPH, a positive US result can support a request at INPI, as can results from the other participating offices.
INPI manages demand with quotas. Ordinance INPI/DIRPA No. 16 of 24 September 2025 offered up to 3,200 PPH requests across 2025, handled in order of filing, with 140 places in the last quarter for applications whose main classification is H04 (electronic communication). When the limit is reached, reception is suspended, and INPI reviews the criteria each quarter, so check the ordinance in force before you plan around a PPH request.
Two Brazilian rules shape the calendar. National phase entry is due at 30 months from priority. And under Article 33 of the Industrial Property Law (Law 9,279/1996), examination must be requested within 36 months of the filing date or the application is shelved. The same law excludes “computer programs per se” (Article 10), which matters when US software claims are carried into Brazil.
The route into Mexico: bilateral PPH and other fast tracks
Mexico is not a Global PPH office. It works with the USPTO bilaterally: the programme has run since 1 March 2011, was simplified on 1 July 2015 and, according to IMPI’s notice of 30 June 2022, was extended for five years until 30 June 2027, covering both the Mottainai modality (results from whichever office examined first) and PCT-PPH. Requests at the USPTO based on IMPI results use form SB/20MX.
Two further points help when the PPH does not fit:
- The Accelerated Patent Grant (APG) between IMPI and the USPTO, described by the Mexican firm Basham in December 2023, relies on a granted US patent and, unlike the PPH, can be requested after substantive examination has begun.
- Since March 2026, IMPI may issue a maximum of two office actions in substantive examination for applications filed from that date, under an agreement published in the Official Gazette on 11 March 2026, as Basham reported on 19 March 2026. With fewer rounds, claims aligned with an allowed US set are worth even more.
Brazil and Mexico compared
| Point | Brazil (INPI) | Mexico (IMPI) |
|---|---|---|
| PPH framework with the USPTO | Global PPH since 6 July 2024 | Bilateral PPH, extended to 30 June 2027 |
| Main constraint | Quotas per period and specific limits for H04 | Request before substantive examination starts |
| PCT national phase | 30 months | 30 months |
| Other step to watch | Examination request within 36 months of filing | Maximum of two office actions for applications filed since March 2026 |
| Language | Portuguese | Spanish |
What this means for your business
- Decide at month 0 whether Brazil and Mexico are in scope, so the PCT application and the US claims are drafted with them in mind.
- Where it is available to you, consider the USPTO as search authority if you plan to rely on PCT-PPH in Mexico.
- Prepare Portuguese and Spanish translations of the claims you expect to be allowed, not only of the claims as filed.
- File the PPH request in Mexico before substantive examination starts, and watch INPI’s quota calendar for Brazil.
- Keep the US claim set and the Latin American claim sets in one tracker, so any amendment in one office is reflected in the others.
A cross-border patent strategy between the US and Latin America works best when one team sees every deadline. Our patent team for PCT filings in Brazil, Mexico and Europe coordinates the Latin American and European phases, working with qualified US patent attorneys for the US side; for the broader portfolio picture, see our cross-border IP strategy service.
When to bring in an adviser
- Before the first foreign filing. A missing foreign filing licence or a missed 12-month priority date cannot always be repaired.
- When the US claims change. If the allowed US claims are narrowed after you entered Brazil or Mexico, the PPH request must follow the new set.
- When software or AI is involved. Brazil and Mexico exclude computer programs as such, so claims that pass in the US may need technical framing.
- When the quota closes. If INPI suspends PPH reception, a priority examination on another ground may still be available, but it needs to be assessed.
- When translations are rushed. An error in the Portuguese or Spanish claims at national phase entry is expensive to correct later.
Frequently asked questions
Can I use a US patent to fast-track examination in Brazil?
Yes, through the Global PPH, which Brazil’s INPI joined on 6 July 2024. Your Brazilian claims must sufficiently correspond to the claims the USPTO found allowable, and INPI only admits a limited number of PPH requests per period, set by ordinance and reviewed quarterly, so the timing of the request matters.
Does Mexico accept PCT-PPH requests based on USPTO work products?
Yes. The bilateral PPH between IMPI and the USPTO covers both the Mottainai and PCT-PPH modalities and was extended until 30 June 2027. A positive written opinion or international preliminary report from the USPTO acting as PCT authority can support the request, filed before substantive examination starts in Mexico.
When must I enter the national phase in Brazil and Mexico?
At 30 months from the priority date in both countries, according to WIPO’s table of national phase time limits. Colombia and the EPO allow 31 months. In Brazil, you must also request examination within 36 months of the filing date, or the application is shelved.
Can IP Global Guard coordinate a US–Latin America patent strategy?
Yes. We prepare and coordinate PCT filings, acting before WIPO directly where our professionals are entitled and otherwise through qualified representatives, coordinate local correspondents for the Brazilian, Mexican and other Latin American national phases, and work alongside qualified US patent attorneys for the US filings, with one point of contact throughout.
How IP Global Guard can help you reach Brazil and Mexico
Getting from a US filing to granted patents in Brazil and Mexico is mostly a matter of timing and claim discipline: the right PCT route, translations that match the allowed claims and PPH requests filed at the right moment. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates patent portfolios across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship, and extends that coordination to US filings through qualified local counsel.
Share your US filing date, the status of the US examination and the Latin American markets you are considering. We will map the PCT deadlines, the PPH options in Brazil and Mexico and the translation plan. Talk to our patent team about your filing calendar.
This article is general information, not legal advice, and does not replace an assessment of your specific case.
Sources
- USPTO, Patent Prosecution Highway (PPH) fast track (official page, consulted 2026)
- USPTO, PPH between the USPTO and IMPI (Mexico)
- IMPI, Continuation of the PPH programme with the USPTO (30 June 2022)
- INPI, Portaria INPI/DIRPA No. 16 (24 September 2025)
- Brazil, Law 9,279 of 14 May 1996 (Industrial Property Law)
- WIPO, PCT time limits for entering the national and regional phase
- WIPO, PCT Regulations, Rule 42 and Rule 54bis
- USPTO, MPEP 140, Foreign filing licenses
- Basham, Ringe y Correa, Accelerated Patent Grant between IMPI and the USPTO (27 December 2023)
- Basham, Ringe y Correa, Mexico limits office actions in patent examination (19 March 2026)
