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Intellectual Property Bulletin

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BRAZIL

SIX PROCEDURES ESTABLISHED FOR THE “FAST TRACK” OR PPH OF PATENTS

Currently, the granting or denial of a patent in Brazil can take approximately 8 to 10 years.  Due to the above, the Brazilian Government has decided to implement “fast tracks” or PPH for pending patent applications, in order to speed up its process.

 

Below you may find the different resolutions issued and the particularities of each case.

  • Resolution No. 151 of 2015. May be requested: when the holder of the application is sixty (60) years of age or older, when the subject of the patent application is being reproduced by others without permission, when granting the patent is a condition to obtain financial resources from development agencies Or official national credit institutions or if the person is a carrier of physical or mental disability or serious illness.
  • Resolution No. 175 of 2016. The conditions for requesting it are: when the patent is considered as a “green patent” requested for the development of green technologies, which can contribute to combating climate change or identifying new technologies that can be used immediately by society by stimulating innovation.
  • Resolution No. 154 of 2015. It may be requested under the following scenarios: when the application process is done according to the pilot program signed between the USPTO and INPI in which only oil and gas applications are accepted or when the processing of Application is made in accordance with the pilot program signed between the INPI-BR and the Japanese Patent Office.
  • Resolution INPI PR No.180. It may be required if the application is processed according to those submitted initially to the Brazilian Patent Office or that the Brazilian Patent Office acts as a PCT authority, ie, ISR or IPEA.
  • Law No. 123 of 2016. It is requested when the application is processed according to the pilot project of the MPE patent where the Brazilian applicant is a microenterprise or small company.
  • Resolution PR No.80 of 2013. May be required when the patent is requested in relation to applications related to pharmaceutical products or processes, equipment and materials related to public health.