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Fast-track examination for patent applications in Brasil

  • 09 July 2020
  • New legislation

As part of the continuous efforts to reduce the backlog of pending patent applications, the Brazilian Patent and Trademark Office (BRPTO) published on June 30, in the Industrial Property Gazette Nº 2582, the Ordinance No. 247/2020 that consolidates all the available fast-track routes for patent prosecution, with exception of PPH pilot programs, which have their own Resolutions and timeframes. Such Ordinance represents an update of the fast-track routes previously established in the former Resolution 239 of last year.

According to the Ordinance, the following conditions are eligible for fast-track examination:

  • applicants, as individual, aging 60 years old or over;
  • applicants, as individual, who suffer from physical or mental disabilities or other severe disease;
  • applications filed by microentrepreneur, micro or small entities;
  • applicants when qualified as scientific, technological and innovation institutions (ICTs) or startups;
  • applications which invention relates to green technologies;
  • applications which invention is related to the directed diagnosis, prophylaxis and treatment of AIDS, cancer, rare or neglected diseases, or for treating the symptoms of the COVID-19;
  • applications concerning technologies of interest to the Brazilian Ministry of Healthy;
  • applications which invention is regarding technologies of national emergency or public interest;
  • applications which the grant of the patent is a condition for obtaining financial resources by national credit institutions;
  • applications which has been suffering potential infringement; or
  • applications which family has been initiated with the first filing at the BRPTO.

It is also important to mention that the fast track examination may also be requested by a third party provided that such party is being accused of infringing the matter claimed in the subjected patent application or when such party has been exploring the object of the invention prior to the filing of the application and is being harmed due to the existence of the related patent application.

In view of the content of this Ordinance, the Resolutions 238/2019, 239/2019 and 149/2020, are being revoked.

This Ordinance will enter into force as from July 30, 2020.

For any further clarification, please feel free to contact us at brj@clarkemodet.com.br.

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