• Pilot Program to Accelerate the Examination of "Green Patents" In Brazil
  • July 26, 2012
  • Law Firm: Siqueira Castro Advogados - São Paulo Office
  • The Brazilian National Institute of Industrial Property¬†- INPI (BPTO) intends to implement during the year of 2012 a series of internal changes, which will enable not only to reduce the back log in the examination of trademark applications, but mainly in the examination of patent applications, since these applications nowadays take on average 8 years to be examined.

    Among the changes that will be implemented in the coming months, we highlight the Resolution 283/2012, published in the Official Gazette of Industrial Property - RPI No. 2154 of April 17, 2012. Resolution 283 aims primarily to discipline: (i) the priority of examination for Green Patents requests, under the BPTO, and (ii) procedures for the Pilot Program related to the subject matter.

    Initially it is important to emphasize that "Green Patents" refers only to invention patent applications that have a focus on environmentally friendly technologies, which are arranged in an inventory published by the World Intellectual Property Organization - WIPO, namely: alternative energies (e.g.: solar and wind energy); transport (e.g.: hybrid vehicles); energy conservation (e.g.: low consumption lighting); waste management (e.g.: reforestation); and agriculture (e.g.: reforestation techniques).

    The Pilot Program used to prioritize the examination of Green Patents requires a series of criteria that must be met in order for the application to become eligible, namely: (i) relate to a patent invention; (ii) be filed by a resident or a non-resident, including those national applications claiming Paris Convention (CUP); (iii) be limited to 15 claims, with a maximum of 03 independent claims; (iv) not been published in the Official Gazette; (v) filed on or after January 2, 2011 before the BPTO; (vi) the request for admission on the program must be filed until April 17, 2013, that is, at least one year after the publication date of the Resolution 283.

    The Pilot Program intends to expedite the examination of at least 500 Green Patents applications. However, further applications may be included in the Program, provided that an application initially included presents an impediment or irregularity that makes it ineligible for the program. Lastly, it is important to point out that the choice of the 500 applications will consider the chronological date of the filing petition entitled "Request for Program Patent Landscape".