September 04, 2019

Brazil launched new IP initiatives and cooperations

The Brazilian Patent Office (INPI) published resolution No. 239/2019 alongside instruction No. 01/2019 on June 18, 2019, both of which entered into force as of July 1, 2019. Combined, they facilitate a new set of standardized requirements for prioritised examination of patents and revoke previous resolutions.

Implementation of the resolution complements the initiative previously deployed by the INPI to tackle the backlog of patent applications. As such, the procedure for confirming patent applications meet the mandatory requirements for prioritised examination has been simplified. The request should be made upon the submission of an electronic form alongside payment of the examination fee. In addition, the application must have already been published, or expedited publication must have been requested. Similarly, international applications must have been published by WIPO to be eligible. The application will then be examined via fast track, provided it conforms to certain criteria.

Applications are eligible upon fulfilling one of the following requirements:
- filed by applicants aged 60 or above;
- filed by applicants suffering from disabilities;
- filed by micro or small entities domiciled in Brazil;
- filed by applicants who can prove the reproduction and/or marketing of all or part of the application subject matter without their authorisation;
- filed in relation to a national emergency or public interest matter;
- granting of a patent is necessary to receive Brazilian funds to exploit the invention;
- filed in relation to eco-friendly technologies;
- filed initially at the INPI;
- filed in relation to diagnosis, prophylaxis and treatment of AIDS, cancer, rare diseases or neglected diseases as defined by the Ministry of Health and the World Health Organisation.

Alongside the backlog initiative, the new rules will create scope for the INPI to clear pending patent applications at a much faster rate. As such, the approximate time frame to establish whether a patent is eligible for prioritised examination is one month, whilst the examination itself should be completed within an estimated four months.

Under the same conditions, PPH applications will also be eligible for fast track examination. This will be possible for bilateral applications between INPI and the USPTO, JPO, CNIPA, UKIPO, DKPTO, EPO and PROSUL.

Furthermore, INPI has signed two cooperation agreements which will strengthen Brazil’s standing in the world of intellectual property. On August 27, 2019, the president of INPI co-signed a memorandum of understanding with the president of the Intellectual Property Office of Singapore (IPOS). The MoU aims to progress the promotion of innovation in both Brazil and Singapore, targeting vital areas such as finance and quality control, human resources management and public policy.

On August 28, 2019, INPI also signed an MoU with the International Trademark Association (INTA), aiming to strengthen the relationship between the private sector and the government. To achieve this goal, INPI and INTA will mutually engage in information exchange and organisation of seminars, training programmes and round table events.


Author: Danielle Carvey