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Brazil accelerates the examination of patent applications against COVID-19

  • 21 April 2020
  • Articles

With the purpose of stimulating the development and licensing of new technologies to be used against the effects of the COVID-19, the BPTO announced that the patent applications covering matter which is related to the diagnosis, prophylaxis and treatment of the symptoms of the COVID-19 will be eligible for a fast route of examination.

This new modality of prioritization of examination was officially implemented by Ordinance No. 149/2020, published on April 7, 2020 and which amends the existing Resolution 239/19, which regulates the priority examination conditions to be met by the patent applications.

This specific route of prioritization of examination will be in force by June 30, 2021, and is applicable not only to technologies involving pharmaceutical drugs or processes but also to materials, apparatuses or devices which can operates towards a direct effect on combating the COVID-19.

It is important to consider that the request of prioritization of examination under this modality should contain a clarification with clear indication of the relationship of the claimed technology with the diagnosis, prophylaxis or treatment of the symptoms of COVID-19.

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