Fast-Track Examination of Patent Applications covering Green Inventions
The Brazilian Patent and Trademark Office (BPTO) through Resolution 283/2012, published on April 17, 2012, introduced the criteria of a pilot program for a fast-track examination of patent applications covering green inventions in order to expedite the examination procedure of patent applications related to clean technologies.
The following requirements must be met:
- The application must be directed to inventions (utility models/designs are so far not covered by the pilot program)
- The invention must be related to alternative energy, transportation, energy conservation, waste management and agriculture as defined in the green inventory of WIPO; excluding inventions related to administrative, regulatory or design aspects, and nuclear power generation
- The application must have been filed before January 2, 2011
- The application must have been filed at the BPTO based on the Paris Convention (at this stage of the pilot program PCT National phase applications will not be covered); applications covering national inventions can take advantage of the pilot program
- The application must contain no more than fifteen (15) claims with a maximum of 3 independent claims;
- The application must have been published in the Brazilian Industrial Property Journal or a request for early publication must have been submitted
- Examination must have been requested and
- The fast-track examination fee must be paid.
The request for entering into the green patent pilot program must be filed before April 17, 2013. Only 500 patent applications will be accepted for the program, taken in chronological order.
If the detailed provisions apply to any of your Brazilian patent applications and you have an interest in taking advantage of the program, please contact us as soon as possible.