New modality of priority patent examination

06 Jun 2017
New modality of priority patent examination

By Moeller IP Brazil

In order to facilitate the insertion of innovative products and services developed by Brazilian science and technology institutions (ICTs) in the global market, the Brazilian Patent and Trademark Office (INPI) is implementing a new modality of priority patent examination. This is a pilot project for the ICT Patents and was established by Resolution No. 191, published in the Bulletin (RPI) No. 2420, dated May 23, 2017.

This is yet another measure that the INPI has adopted to mitigate the negative effects of a backlog of applications and is in line with an institutional guideline to alleviate a the backlog, according to the INPI’s 2017 Plan of Action.

The project

Beginning on June 22, the ICTs Patents will last for one year or until 200 patent applications are considered fit, whichever comes first, and each applicant can only file one application per month. The INPI expects that the final decision of the accepted applications in the pilot project will occur in eight to ten months, on average, provided, that all the requirements are met.

The number of patent application repositories of ICTs is increasing each year in Brazil, as pointed out by INPI’s survey in its database, from the CNPJ of the institutions that filled out the Form for Information on Intellectual Property Policy Scientific and Technological Institutions of Brazil (FORMICT). Between January 2010 and June 2016, there were 4,471 patent applications for 132 ICTs, and in 2014 and 2015 about 800 were requested per year, almost twice as many (436) in 2010.

The process

INPI will identify eligible ICT companies by the Brazilian CUIT (tax identification) number, and then the technical examination will be accelerated.  To date, the examination is open only for Brazilian companies, but check here for further developments.




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